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2022 Supreme(Cal) 284

SOUMEN SEN, SIDDHARTHA ROY CHOWDHURY
Tata Chemicals Limited – Appellant
Versus
Kshitish Bardhan Chunilal Nath – Respondent


Advocates appeared:
Mr. Ratnanko Banerjee, Sr. Adv., Mr. Shaunak Mitra, Adv., Mr. Joydeb Ghorai, Adv., Mr. Suman Chatterjee, Adv., Mr. Diptesh Ghorai, Adv., for the Appellant; Mr. Subhamoy Bhattacharya, Adv., Mr. Shankar Mukherjee, Adv., Mr. Sarangam Chakraborty, Adv., Mr. Jishnu Chowdhury, Adv., Mr. Syed Narul Arefin, Adv., Ms. Saswati Chatterjee, Adv., Mr. Saurodeep Chakraborty, Adv. Mr. Rahul Singh, Adv., Mr. Arindam Paul, Adv.,, Mr. Ovik Sengupta, Adv., Ms. Parna Mukherjee, Adv., Mr. Saswata Chatterjee, Adv., for the Respondent

JUDGMENT

Soumen Sen, J. - By consent of the parties, both the appeals and the applications are taken up together for consideration in view of the similarity of issues involved in both the appeals and applications and are disposed of by this common judgment.

2. TATA Chemicals Limited is the appellant in both the appeals.

3. In APO 128 of 2021, respondent No. 1 is a partnership firm of which respondents Nos. 2 to 4 are partners and respondent No.5 was the Deputy Manager (Accounts) of the Appellant.

4. In APO 129 of 2021, respondent No.1 Ashok Kumar Saha is the sole proprietor of Ashok Sales Agency and Respondent No. 2 was the Deputy Manager (Accounts) of the Appellant. Deputy Manager (Accounts) of the appellants is the common respondent in both the appeals.

5. For the sake of convenience, TATA Chemicals Limited shall be referred to as "TATA," Kshitish Bardhan Chunilal Nath as 'KBCN', Ashok Kumar Saha as ASA and Sudip Kumar Singh shall be referred to as 'SKS'.

6. The appellant is aggrieved by the order dated 16th March, 2021 by which the interim order of injunction initially passed on July 17, 2019 restraining the respondents from transferring, alienating and/or creating any third party int

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