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2013 Supreme(MP) 1203

ALOK ARADHE
Pushpa Berry – Appellant
Versus
Shri Mahila Grih Udyog Lijjat Papad – Respondent


Advocates Appeared:
For the Appellant :J.P. Sanghi, Senior Advocate and Ajay S.K. Shukla
For the Respondents: Ashok Lalwani

JUDGMENT

Alok Aradhe, J.:-

This appeal is by the plaintiff which was admitted by a Bench of this Court on the following substantial question of law:--

Whether the First Appellate Court is justified in law in upsetting and reversing the findings wherein the trial Court allowed the suit?

Facts giving rise to filing of the appeal, briefly stated, are that the plaintiff filed the suit, inter alia, on the ground that Shri Mahila Grin Udyog Lijjat Pappad (hereinafter referred to as the 'Society') is a society registered under the provisions of Societies Registration Act, 1860 (for short the 1860 Act') as well as under the Bombay Public Trusts Act, 1950 (for brevity the 1950 Act'). The defendant No. 1 opened its Branch at Jabalpur on 12-2-1975 and by order dated 10-8-1976 authorized the plaintiff to function as Manager of the Branch. It was further pleaded that whole assets and liabilities of Jabalpur Branch belong to the plaintiff and the defendants have not invested any amount. However, the defendant No. 1, on the basis of charges levelled against the plaintiff, namely, that there has been deterioration in quality of 'Pappad'; plaintiff has distributed pamphlets containing defamatory materi
























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