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2023 Supreme(Tri) 58

APARESH KUMAR SINGH, ARINDAM LODH
Food Corporation of India – Appellant
Versus
Namita Paul – Respondent


Advocates appeared:
Mr. A. Bhaumik, Advocate and Mr. S. Dey, Advocate, for the Appellant; Mr. Raju Datta, Advocate, for the Respondent.

JUDGMENT & ORDER

Arindam Lodh, J. - Since common questions of law and facts are involved in both the appeals, these were heard together on consent of learned counsel for the parties and are being taken up for decision by this common judgment.

2. These appeals under Section 13 of the Commercial Courts Act , 2015 read with Order XLI of the Civil Procedure Code,1908 have been filed challenging the common Judgment and Decree dated 06.07.2022, passed in Case No. C.S.08/2017 & C.S. 04/2016 by the learned District Commercial Court, West Tripura, Agartala whereby the Suit bearing No. CS 08 of 2017 filed by the respondent [the original plaintiff] was partly decreed and the Suit bearing No.CS 04 of 2016 filed by the appellants [the original defendants] was dismissed.

3. The facts as narrated in common judgment i.e. in Commercial Suit No. 08 of 2017 and Commercial Suit No.04 of 2016 by learned Judge, District Commercial Court, may be reproduced here-in-below for the sake of convenience since the facts leading to CS 08 of 2017 filed by M/S Namita Paul being the plaintiff and her defence in CS 04 of 2016 are similar and the Food Corporation of India ( for short, 'FCI') and its officials being th

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