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2001 Supreme(Cal) 47

Debiprasad Sengupta
Shiv Kishan Agarwal – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
Sekhar Basu, Milon Mukherjee, Amarjit Singh, M. Rana, Joymalya Bagchi, Nikhil Kr.
Roy, P. Basu for the petitioner;
Balai Ch. Roy, D.P. Basu Mallick, Ashim Roy for the respondent.

JUDGMENT

Debiprasad Sengupta, J.: The present application is for quashing of a proceeding being Case No. C-63/2000 (T.R. No. 33/2000) under section 465/467/468/471/120B of the Indian Penal Code pending in the court of learned Metropolitan Magistrate, 14th Court, Calcutta.

2. Before entering into the case of the complainant it is necessary to have a discussion regarding the background of the case. Late Ganga Bishan who was also known as Haldiram Bhujiawala, had been doing his business of manufacture and sale of salted preparations like bhujia, papad and sweets etc. since 1941 under the name and style of "Chandmal Ganga Bishan" and "Haldiram Bhujiawala" initially in Bikaneer and later on also in Calcutta. He formed a partnership firm in the year 1965 under the name and style of M/s. Chandmal Ganga Bishan with four partners namely, (1) Ganga Bishan himself, (2) Moolchand (his son), (3) Shiv Kishan (son of Moolchand) and (4) Smt. Kamala Devi, wife of Shri Rameshwarlal (his daughter-in-law). The said partnership firm was dissolved by means of a deed of dissolution dated 16.11.74 and thereby registered trade mark No. 285062 was allotted exclusively to Shri Moolchand for the whole of India




































































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