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2021 Supreme(Gau) 598

DEVASHIS BARUAH
Krishna Kumar Agarwal, S/o Gauri Shankar Agarwal – Appellant
Versus
Kamal Tibrewala, S/o Late Ram Krishna Tibrewala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR. S.K. SINGH
For the Respondent: MR G.N. SAHEWALLA

JUDGMENT :

Heard Mr. S.K.Singh, the learned counsel appearing on behalf of the petitioner. Also heard Mr. G.N. Sahewalla learned Senior Counsel assisted by Mr. M. Sahewalla, the learned counsel appearing on behalf of the respondents.

2. This is an application under Article 227 of the Constitution of India challenging the judgment and order dated 26/03/2021 passed in Misc. Appeal No.1/2021 whereby the ad-interim ex-parte order dated 04/02/2021 passed in Misc.(J) Case No. 12/2021 arising out of Title Suit No. 19/2021 by the Munsiff No. 1, Sonitpur, Tezpur was interfered with.

3. The brief facts of the instant case is that the petitioner herein was permitted to run a petrol pump in the name and style of M/s Agarwalla Barua and Co. on the basis of an irrecoverable General Power of Attorney dated 18/11/2016 executed by the respondent herein, who was the proprietor of the said petrol pump M/s Agarwalla Barua and Co. The period which was mentioned in the irrecoverable General Power of Attorney was 5 years but as per the date mentioned therein, the period of the validity of the Powers of Attorney was from 31/01/2017 to 31/03/2020. Certain disputes arose between the petitioner and the responde

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