HIMALAYA DISTILLERIES Vs. DREAMBOX MARKETING

JUDGEMENT

(1.) RFA No.3 of 2017, RFA No.6 of 2017 and RFA No.7 of 2017, on being listed together, were heard and are being disposed of by this judgment. The appellants are same in all the appeals. In RFA No.3 of 2017, defendants are M/s. Dreambox Marketing (A) Pvt. Ltd. and Bonoraj Choudhury, who is the Managing Director of the defendant no.1. In RFA No.6 of 2017 and RFA No.7 of 2017, the defendant no.1 is the Commandant, 128 Bn., C.R.P.F. and the Commandant, 156 Bn., C.R.P.F., respectively. Defendant no.2 in both the aforesaid appeals is M/s. Dreambox Marketing (A) Pvt. Ltd., represented by its Managing Director.

(2.) Mr. Udai P. Sharma, learned Counsel appears for the appellant in all the three appeals while Mr. A. Moulik, learned Senior Counsel appears for defendants in RFA No.3 of 2017 and for defendant no.2 in RFA No.6 of 2017 and RFA No.7 of 2017. Mr. Karma Thinlay, learned Central Government Counsel appears for defendant no.1 in RFA No.6 of 2017 and RFA No.7 of 2017.

(3.) RFA No. 03 of 2017 is preferred against the judgment and decree dated 30.05.2017 passed by the learned District Judge, East Sikkim at Gangtok in Money Suit No. 810 of 2013. RFA No. 06 of 2017 is preferred against a judgment and decree dated 31.05.2017 passed by the learned District Judge, Special Division-II, Sikkim at Gangtok, in Money Suit No. 18 of 2015. RFA No. 07 of 2017 is preferred against a judgment and decree dated 31.05.2017 passed by the learned District Judge, Special Division-II, Sikkim at Gangtok, in Money Suit No. 19 of 2015. The appellant is the plaintiff in respect of the three suits out of which the present appeals arise.