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2023 Supreme(Cal) 1038

KRISHNA RAO
KAHM Industries Private Limited – Appellant
Versus
Punalur Paper Mills Limited – Respondent


Advocates Appeared:
For the Plaintiffs : Mr. Jishnu Saha, Mr. Sakya Sen, Mr. Sukrit Mukherjee, Mr. S.R. Kakrania, Mr. T. Kakrania, Mr. K. Sharma.
For the Defendant : Mr. Souradipta Banerjee, Mr. Asif Sohail Tarafdar, Mrs. Fatima Hassan.

JUDGMENT :

(Krishna Rao, J.) :

1. The plaintiff has filed the present application being G.A No. 1 of 2021 praying for an order of injunction restraining the respondents from giving any effect or further effect of the purported deed of revocation dated May 11, 2021 of the Power of Attorney dated November 21, 2011 and further orders.

2. The defendant has filed an application being G.A 3 of 2022 praying for an order of stay of all further proceedings in respect of G.A No.1 of 2021 in CS No. 149 of 2021 till the disposal of Title Suit No. 314 of 2021, T.S 613 of 2021 and T.S 430 of 2022 pending before the Learned 10th Bench, City Civil Court, at Calcutta.

3. As applications being G.A 1 of 2021 and G.A 3 of 2022 is connected with each other and thus both the applications are taken up together for adjudication.

4. Title Suit No. 314 of 2021 is the first suit filed by M/s Lindsey Towers Private Limited (Now known as KAHM Industries Private Limited herein after referred to as KAHM) against Punalur Paper Mills Limitedand Others praying for the following reliefs:

    “a) a decree for declaration that the said agreement dated 15.05.10 is still in force in subsisting and is binding upon the partie

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