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2023 Supreme(Cal) 1039

KRISHNA RAO
Kunal Dalmia – Appellant
Versus
Nelson Sebastian – Respondent


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

JUDGMENT :

(Krishna Rao, J.) :

1. The plaintiff has filed the present application praying for an injunction restraining the defendants, their men, their agents, assigns and representatives from publishing and circulating any letter, material, correspondence and articles containing the statements as mentioned in paragraph 34 of the present application.

2. The plaintiff is the Director of the business under the name and style of KAHM Industries Private Limited (formerly known as Lindsey Towers Private Limited) (hereinafter referred to as KAHM) having its registered office at 13, Nellie Sengupta Sarani, Kolkata -700087.

3. The defendant no.1 is the Director and defendant no. 2 is the Managing Director of the Company namely Punalur Paper Mills Ltd. (Hereinafter referred to as Punalur).

4. There are several litigations pending before the learned 10th Bench of the City Civil Court, Kolkata as well as before this Court between KAHM and Punalur.

5. To adjudicate the present application filed by the plaintiff, the facts of the several litigations are pending before the Courts for adjudication is required to be narrated, which are as follows:

6. On May 15, 2010, an agreement was entered betw

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