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2009 Supreme(Gau) 786

TINLIANTHANG VAIPHEI
Commercial Iron and Steel Co. – Appellant
Versus
Akshay Ispat and Ferro Alloys – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff:R.L. Yadav, K. Yadav and K. Khan, Advocates
For Respondents/Defendant:N. Hazarika, A. Paul, A.K. Das, C.P. Upadhaya, K.C. Gautam and N.D. Chullai, Advocates

JUDGMENT

Tinlianthang Vaiphei, J.

1. The prayer in this writ petition is two-fold: (i) to quash FIR, dated 12.2.2009 lodged by the respondent No. 1 with the Superintendent of Police, Criminal Investigation Department, Gangtok, Sikkim and (ii) to quash the summons issued by the senior Superintendent of Police, CID, PHQ, Gangtok, Sikkim (respondent No. 3) under Section 160, Cr. PC directing the appearance of the petitioner before the Enquiry Officer at CID Office, Gangtok, Sikkim.

2. The facts giving rise to the writ petition, as pleaded therein, are that the petitioner is a manufacturer of Ferro Silicon at its factory at Byrnihat, Meghalaya while the respondent No. 1, is a private limited company having its registered office at Mamrin, Namchi District, South Sikkim. Pursuant to the telephonic request made by the respondent No. 1 for purchase of Ferro Silicon, the petitioner-company on 20.10.2008 sent a quotation through Fax message for supply of 100 M.T. of the Ferro Silicon lumps prime grade containing all particulars including the price thereof. The respondent No. 1, on receipt of the quotation, sent the purchase order dated 20.10.2008 for supplying the same for a price of Rs. 79,84






























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