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1994 Supreme(Cal) 242

BASUDEVA PANIGRAHI, M.G.MUKHERJI
KALYANI SPINNING MILLS LTD. – Appellant
Versus
SUDHA SASHIKANT – Respondent


Advocates Appeared:
AJOY ROY, CHITTARANJAN PANDA, Jayanta Mitra, Sandip Ghosh, SVAPNA MUKHERJI

MUKUL GOPAL MUKHERJI, J.

( 1 ) THIS appeal filed by Kalyani Spinning Mills Ltd. , is Managing Director and its Sales Officer impugns a judgment and order dated 6/08/1993 passed by P. K. Majumdar, J. in Matter No. 2922 of 1992.

( 2 ) THE learned single Judge by virtue of the said order directed Kalyani Spinning Mills Ltd. to rescind and not to give any effect to advertisements published in "the Statesman" dated 4th Sept. , 1992 in terms of prayer (a) of the petition and gave a further direction upon the said respondent, Kalyani Spinning Mills Ltd. forthwith to deliver the goods or machinery in favour of the writ petitioner (Respondent No. 1 in the present appeals ). Smt. Sudha Sashikant Shroff carrying on business under the name and style of Sudha Textile Traders in terms of prayer (b) of the writ application in respect of 64 items which were the subject matter of a contract in between the writ petitioner on the one hand and Kalyani Spinning Mills Ltd. on the other on payment of the entire balance price of the said machines, subject to adjustment of the deposit which was lying with Kalyani Spinning Mills Ltd. in the form of an earnest money advanced by the writ petitioner.

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