JAGATRAM SUNDARDAS Vs. PARSHWA FOOD (INDIA) PVT. LTD

JUDGEMENT

(1.) The present petition under Article 227 of the Constitution of India is filed for the purpose of seeking the following reliefs:?

(2.) The facts in short are as that the petitioner no. 1 - original defendant no. 1 is the proprietorship firm of petitioner no. 2. Petitioner No. 2 is an individual and citizen of India and being a citizen of India, he is entitled to protection of all the rights provided under the Constitution of India and also all the other statutory rights that are available to the citizen of India. The respondent is a company registered under the Companies Act , 1956 and is the original plaintiff of the Special Civil Suit No. 29 of 2017 filed before the learned Principal Senior Civil Judge, Chikhli (Navsari). That the respondent had originally filed Special Civil Suit No. 16 of 2014 before the Principal Senior Civil Judge, Gandevi. However, vide order dated 18.11.2017 the said suit was transferred to the court of learned Principal Senior Civil Judge, Chikhli (Navsari) and renumbered as Special Civil Suit No. 29 of 2017. That the petitioner no. 2 is the proprietor of the petitioner no. 1 firm and petitioner no. 2 carried on its business activities in the name of the said petitioner no. 1 firm and is engaged in the business of pulses and food grains from tis place of business at Indore, Madhya Pradesh. The respondent company is engaged in the business of manufacture of sale of Tuvar Dal and having its manufacturing plant at Chikhli, District, Navsari.

(3.) Feeling aggrieved with and dissatisfied with the said order dated 01.12.2018 passed below Exhibit?18, the petitioner has invoked jurisdiction of this Court with a request to grant relief as prayed for in the application.