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2014 Supreme(Cal) 43

DEBANGSU BASAK
Paramanand Agarwal – Appellant
Versus
ABL International – Respondent


Advocates Appeared:
For the Plaintiffs:Jaydip Kar, Billwadal Bhattacharya, Advocates.
For the Defendants:Surajit Nath Mitra, Sr. Advocate Arindam Mukherjee, Advocate.

Judgment :

Debangsu Basak, J.

Five applications came up for consideration in this suit.

A centrally air-conditioned building was constructed in the city of Kolkata at Shakespeare Sarani. Such building subsequently became popularly known as air-conditioned market. The occupants of the buildings can be categorized into two groups, namely, occupants of shops and occupants of office spaces. The entire building was let out to diverse tenants.

The air-conditioned market was owned by the Defendant No. 1. The electricity at the air-conditioned market was supplied by the Defendant No. 2 through a high-tension line. A transformer was installed at the air-conditioned market for stepping down the high voltage electricity.

A Section of the tenants of shop at the air-conditioned market in Kolkata filed the instant suit after obtaining leave under Order I Rule 8 of the Code of Civil Procedure, 1908.

The Plaintiff No. 3 claimed itself to be a society registered under the West Bengal Societies Registration Act, 1961. It claimed to be an association of tenants of the air-conditioned market.

According to the plaintiff, the Defendant No. 1 was at a superior bargaining position. The Defendant No. 1 was able t











































































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