Advocates:
['PALYEKAR VINITA VISHRAM', 'ALMEIDA COUTINHO CLEOFATO GARRETT', '', 'IVAN SANTIMANO']

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SA 5.2021.doc

IN THE HIGH COURT OF BOMBAY

AT PANAJI, GOA

APPELLATE JURISDICTION

SECOND APPEAL NO.5 OF 2011

Mr. Prashant Pandurang Kawade

Proprietor of M/s Vinit Agencies,

Residing at H. No. E-126,

Near Zari Mala, Panaji, Goa

…. Appellant

original Defendant

Vs.

M/s Sellwell Food and Beverages

Pvt. Ltd., A private company incorporated

under the Indian Companies Act,

1956, Having Registered Office at

144, Harinagar Ashram,

New Delhi - 110 014 And

(amongst others) Administrative Office

at Arlem, P.O. Raia, Salcete, Goa,

Represented herein by constituted

attorney Shri. Stanley Joseph

….

Respondent

Original Plaintiff

Mr. Sudin Usgaonkar, Senior Advocate with Ms. Tanvi Mashelkar,

Advocate for the Appellant.

Mr. C.A. Coutinho, Advocate for the Respondent.

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SA 5.2021.doc

Coram : NITIN W. SAMBRE, J.

Date : 15TH APRIL, 2021

JUDGMENT :

1.

On 27^th January 2011, this Court while admitting the Appeal

has passed following order :

“Heard Mr. Usgaonkar, learned counsel for the appellant.

The appeal is admitted on the following substantial

question of law:

Whether the lower Appellate Court has erred in holding

that the suit