JUDGMENT :

Meenakshi Madan Rai, J.

1. WP(C) No.20 of 2017 and WP(C) No.21 of 2017 filed under Article 227 of the Constitution of India, are being disposed of by this common Judgment. They arise out of the impugned Orders of the learned District Judge, East Sikkim at Gangtok, dated 05-12-2016, in Money Suit No.10 of 2015 [Mr. Ankit Sarda vs. Pawan Kumar Todi and Order dated 05-12-2016 passed in Money Suit No.9 of 2015 [Mr. Ankit Sarda vs. Pawan Kumar Todi (HUF)], respectively.

2. The Petitioner’s case, in WP(C) No.21 of 2017, is that, he had filed a Suit for recovery of money against the Respondent, before the Learned 7th Bench of the City Civil Court, at Kolkata, on 16-04-2015, being Money Suit No.220 of 2015. The facts enumerated therein were that sometime in November 2012, the Respondent had approached the Petitioner to be a franchisee of the Petitioner’s Company, in Siliguri, West Bengal. On the basis of the agreed terms, the Respondent advanced some money to the Petitioner, who in turn supplied some computers, servers and peripherals worth Rs.9,75,000/- (Rupees nine lakhs and seventy-five thousand) only, to the Respondent at the Respondent’s Siliguri Office, which however closed d