M/S. Somai Food Marketing Pvt. Ltd vs M/S. Bipatarini Agency & Ors
2022 Latest Caselaw 6707 Cal

19.09.2022
Court No.12
 S/L. No. 2
  Suvayan/
  Sourav
                                   MAT 1476 of 2022
                                          With
                                  IA No. CAN 1 of 2022

                         M/s. Somai Food Marketing Pvt. Ltd.
                                         Vs.
                            M/s. Bipatarini Agency & Ors.

              Mr. Kalyan Kumar Bandopadhyay, Sr. Adv.
              Mr. Ram Narayan Agarwala
              Ms. Nibedita Pal
              Mr. Ramesh Dhar
              Mr. A. G. Mukherjee
                                                 ...for the appellant.

              Mr. S. N. Mitra, Sr. Adv.
              Mr. Timir Baran Saha
              Mr. Sudip Sarkar
                                      ...for the respondent/writ petitioner.

Mr. S. N. Mookherji, Ld. A. G.

Mr. Anirban Roy, Ld. G. P.

Mr. Sirsanya Bandopadhyay Mr. Arka Kr. Nag ...for the State.

In Re: CAN 1 of 2022

Heard Mr. Kalyan Kumar Bandopadhyay, learned

Senior Counsel appearing for the appellant, Mr. S. N.

Mitra, learned Senior Counsel appearing for the

respondent/writ petitioner and Mr. Sirsanya

Bandopadhyay, learned Counsel appearing for the State.

Though it is submitted by Mr. Mitra, learned

Senior Counsel for the respondent that the appointment

of the appellant is purely illegal as held by Hon'ble Single

Judge, he fairly submits that the appellant is continuing

as M. R. Distributor since November 1, 2021. It is also

submitted by Mr. Mitra, learned Senior Counsel that

Hon'ble Single Judge has categorically held that his

appointment is illegal.

Mr. Bandopadhyay, learned Senior Counsel

submits that the appellant being still continuing as M. R.

Distributor since November 1, 2021, let the question of

illegal appointment of the appellant be decided in the

appeal and let the appellant continue as a M. R.

Distributor till disposal of the appeal.

Regard being had to the facts and submissions, we

dispose of the interim application by directing that the

appellant shall continues as M. R. Distributor till

disposal of the appeal or until further order.

Accordingly, the interim application being CAN 1

of 2022 is disposed of.

In Re: MAT 1476 of 2022

As the learned Counsel for all the parties agree for

the earlier disposal of the appeal on the basis of the

materials available on record, i.e., stay petition, the

formality of filing of paper book, etc., is dispensed with.

List this appeal on November 16, 2022 for hearing

and final disposal.

Learned Counsel for all the parties are requested

to file their written notes of submissions and also file

copy of supporting judgments on the next date of hearing

which they rely on.

(Chitta Ranjan Dash, J.)

(Partha Sarathi Sen, J.)