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1995 Supreme(Cal) 234

BIJITENDRA MOHAN MITRA
In re: Tracks Trade Private Limited – Appellant
Versus
Samir Sobhan Sanyal – Respondent


Advocates:
Advocate Appeared:
Dr. Monotosh Mukherjee, Mr. S.P. Roy Choudhury, P.K. Bagaria, R.N. Mukherjee, Kamalesh Chakraborty, Jishnu Saha and M.A. Vidyadharan for the Petitioner
Mr. B.K. Bachwat, M.L. Bhattacharya, R.P. Mitra, Miss Chitrita Raichowdhury and Mr. Debnath Bhattacharya for the Opposite Parties

JUDGMENT

The instant revisional application is directed against Order No. 126 dated 9.2.1995 passed by the 2nd Court of the learned Assistant District Judge at Alipore in Misc. Case No. 29 of 1993. The said misc. case arises out of a proceeding on an application under Order 21, Rules 99, 100 and 101 read with Section 151 of the Code of Civil Procedure. The admitted position is that the plaintiff/opposite party No. 1 is a retired employee of proforma defendant/opposite party No. 10 being India Foils Limited. The said opposite party No. 1 was provided with an accommodation in the suit premises as a licencee by the proforma defendant/opposite party No. 10 as an amenity attached to his services. In the original petition leading to the initiation of the misc. case, the said opposite party No. 1 has also asserted that he came into possession of the said premises as Chief Executive of proforma defendant/opposite party No. 10 India Foils Limited and he subsequently rose up to the position of the President of the said company. The said opposite party No. 1 has further asserted that he was let into possession of the suit premises pursuant to an agreement entered into between the said opposite












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