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2019 Supreme(Cal) 347

SHEKHAR B.SARAF
Tata Chemicals Ltd. – Appellant
Versus
Kshitish Bardhan Chunilal Nath – Respondent


Advocates Appeared:
S.N. Mookherjee, Ratnanko Banerjee, Senior Advocates, Lokenath Chatterjee, Jaydeb Ghorai, Saugata Banerjee, Aniruddha Roy, Subhamoy Bhattacharya, Shankar Mukherjee, Sarangam Chakraborty, Jishnu Chowdhury, Syed Nurul Arefin, Saswati Chatterjee, Anirban Ray, Urmila Chakraborty, Ovik Sengupta, Arindam Paul, Advocates.

JUDGMENT :

Shekhar B. Saraf, J.

1. G.A No. 725 of 2019 in C.S No. 50 of 2019 and G.A 733 of 2019 in C.S No. 51 of 2019 are both taken up for hearing simultaneously as the two applications are relating to similar cause of action in relation to the same plaintiff/company (hereinafter referred to as "the petitioner") and a common defendant. In C.S 50 of 2019 the common defendant is the defendant no. 5 while in C.S 51 of 2019 the common defendant is defendant no.2. This defendant is the employee of the plaintiff company (hereinafter referred to as "the employee"). Defendant no. 1 in C.S 50 of 2019 is a partnership firm while defendants 2 to 4 are the partners of the above partnership firm. These defendants were acting as distributors for various goods of the plaintiff company under the flagship brand of "Tata Paras". Similarly in C.S 51 of 2019 the defendant no. 1 is the distributor company. The defendant no. 1 to 4 in C.S No. 50 of 2019 and the defendant no. 1 in C.S 51 of 2019 are hereinafter referred to, for the sake of convenience, singularly as "the distributor no. 1" and "the d

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