(1.) Heard Mr. P.S. Deka, the learned senior counsel assisted by Mr.P. Bhattacharya, the learned counsel appearing on behalf of the Appellant. None appeared on behalf of the respondent on call.
(2.) This Court vide an order dtd. 16/2/2009 admitted the instant appeal on the following three substantial questions of law which read as under :-
(3.) For the purpose of ascertaining as to whether the said substantial questions of law are involved in the instant appeal, it would be relevant to take note of the facts of the instant case. For the purpose of convenience, the parties herein are referred to as the same status they stood before the Trial Court.