CS 258 of 2009 is heard analogously with EOS 1 of 2010 and both the suits are
disposed of by this common judgment.
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CS 258 of 2009:
CS 258 of 2009 was filed by M/s A. T. Gooyee (in short “the partnership firm”)
against the Defendant Mr. Nanda Lal Rathi (in short “Mr. Rathi”). The Plaintiff is a
partnership firm having its principle place of business at 10A, Hospital Street,
Kolkata-700072. The Defendant Mr. Nanda Lal Rathi runs a proprietorship business
of the name and style of Raathi Centre at G-4A, Kamalalaya Centre, 156A, Lenin
Sarani, Kolkata-700013.
Before adverting to rival pleadings one thing must be kept in mind, relevance
of which will be discussed later on. CS 258 of 2009 was originally instituted by M/s
A.T. Goyee Enterprises. By subsequent amendment of plaint, the name was changed
to M/s A.T. Gooyee Enterprises. T.S. No. 5305 of 2008 was instituted by Mr. Rathi
against M/s A.T. Goyee Enterprises and three of its partners. Difference in spelling
of M/s A.T. Goyee Enterprises and M/s A.T. Gooyee Enterprises would be relevant
for consideration of argument made by the Learned Counsel for Mr. Rathi.