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1996 Supreme(Sikk) 6

M.SENGUPTA
COMMISSIONER-CUM-SECRETARY, DEPARTMENT OF ANIMAL HUSBANDRY – Appellant
Versus
K. RINZING – Respondent


Advocates Appeared:
A.K.SRIVASTAVA, G.P.ROY, J.B.Pradhan, K.T.Bhutia, N.KHENSONG, S.S.MUKHERJEE

M. SENGUPTA, J.


( 1 ) THIS is a first appeal arising out of an Order passed on 21-11-1995 in Civil Suit No. 13 of 1995 by the District Judge, East and North, Sikkim at Gangtok ordering for an injunction over the effect of an order of termination of agency or contract.

( 2 ) THE fact of the case, in a nutshell, is that the Plaintiff (Respondent before us) was appointed agent, or in other words agency was awarded in favour of her, for dealing with hides and skins within the State of Sikkim. The agency was for five years with effect from 1-10-1991. Being the lawfully appointed agent of the Government, the plaintiff started purchasing hides and skins from various butcheries within the State of Sikkim and dealing with the same either by selling it to the local utilisers or by way of exporting them under proper permit from the Government. The business was going on till before 5-8-1995. But suddenly on 5-8-1995 the plaintiff found the Remeshwar of Lall Market forcibly taking away about 500 pieces of hides and skins, collected and stored by the plaintiff, from the store room at Majhitar. On being questioned Rameshwar replied that he was doing so under the authority from the Department of An





























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