RIVER VALLEY TEA COMPANY PRIVATE LIMITED Vs. ASSAM GAS COMPANY LIMITED
HIGH COURT OF GAUHATI
River Valley Tea Company Private Limited
ASSAM GAS COMPANY LIMITED
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Kalyan Rai Surana, J. -
(1.) Heard Mr. B. Dutta, learned advocate, on instructions by the learned counsel for the petitioner. Also heard Mr. S.N. Sarma, learned senior advocate, assisted by Mr. K. Kalita, learned advocate for the respondent.
(2.) By this application under Article 227 of the Constitution of India, the petitioner has challenged the order dated 14.09.2017, passed by the learned Civil Judge, Dibrugarh in T.S. No. 98/2015, thereby rejecting petition No. 2721/2016 dated 01.06.2016, seeking leave for filing rejoinder/ replication and to allow some time for the same. Also in challenge is the order dated 15.05.2017, passed by the same learned Court in Misc.(J) Case No. 85/2015 in T.S. No. 98/2015, thereby rejecting petition No. 272 dated 01.06.2016, containing similar prayer seeking leave for filing rejoinder/ replication and to allow some time for the same.
(3.) The petitioner is the plaintiff in T.S. No. 98/2015, which was filed for declaration and permanent injunction, inter-alia, praying for a declaration that the debit note dated 07.09.2015, issued by the defendant to the plaintiff, relating to payment of Rs.48,34,733/- is illegal, null and void, not binding on the plaintiff and the same be delivered up and cancelled, for declaration that the letter dated 23.11. 2015, issued by the defendant to the plaintiff demanding payment of Rs.48,34,733/- is illegal, null and void and not binding on the plaintiff and the same be delivered and cancelled, for perpetual injunction, temporary injunction, cost of suit etc.;
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