K.K. SAHA & CO. PVT. LTD. WITH M/S/ SAJ FOOD PRODUCTS PRIVATE LIMITED Vs. ASHOK AGARWAL WITH SRI PRASANTA SEN

JUDGEMENT

(1.) These two petitions under article 227 of the Constitution of India, tagged together, have been assigned to this Bench on a reference, to answer the following question :-

(2.) Learned single Judge dealing with these petitions, by order dated 23rd July, 2018 though found such question was answered by a Division Bench of this Court in K. K. Saha and Co. Pvt. Ltd. vs. Ashok Agarwal reported in (2018) 1 CHN 497 but by reason of one of the petitioners having moved Supreme Court under article 136 of the Constitution of India and obtained order dated 9th February, 2018, was of view said question is open for reference yet again.

(3.) Supreme Court by said order dated 9th February, 2018 said, inter alia, as follows :-