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2024 Supreme(Cal) 782

HARISH TANDON, MADHURESH PRASAD
Shakuntala Devi Kataruka – Appellant
Versus
Sonai Food Marketing Private Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Debabrata Saha Roy, Mr. Pingal Bhattacharyya, Mr. Subhankar Das.
For the Respondent: Mr. Kalyan Bandyopadhyay, Mr. Ram Anand Agarwal, Ms. Nibedita Pal, Mr. Ramesh Dhara, Mr. Ananda Gopal Mukherjee, Ms. Sonam Ray, Mr. Sirsanya Bandyopadhyay, Mr. Arka Kumar Nag, Adv.

JUDGMENT :

1. The instant appeal is at the instance of the appellant being a third party to a writ proceeding being WPA 10846 of 2021 alleging that the order disposing of the said writ petition pre-judiciously affected her right and, therefore, she has satisfied the ingredients of a ‘person aggrieved’.

2. A leave to appeal was sought and the Co-ordinate Bench disposed of the said application on 8th April 2022 granting leave to appeal with a rider that the grant of leave is restricted on the reasons stated therein and shall not be construed to have any impact on the merit of the matter, which would be considered when the appeal is listed for admission.

3. A little prelude to the genesis of the litigation is required to be recapitulated in order to ascertain whether the point agitated in the instant appeal deserves any merit. A writ petition was filed by the respondent no. 1 assailing the order of the competent authority whereby and whereunder the application for MR Distributorship in respect of Raghunathpur-II in the district of Purulia was rejected on a solitary ground of being the company.

4. The aforesaid application was taken out by the respondent no. 1 pursuant to the Notification

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