Arijit Banerjee, J. - (1.) By consent of the parties, the appeal and the stay application are taken up for hearing together.
(2.) A Bar-cum-Restaurant by the name of "Opium Bar-cum-Restaurant" was operating from a premises in Sector-V, Salt Lake City, Kolkata-700 091. The Bar licence was in the name of one, Buddhadev Mustafi. The other persons, who were running the business, are the appellant nos. 2 and 3 herein.
(3.) Buddhadev Mustafi died. A temporary licence was granted by the authorities in the name of his wife, Smt. Atoshi Mustafi, the private respondent herein. There was negotiation between the appellant nos. 2 and 3 and the private respondent and they entered into a Partnership by executing and registering a Deed of Partnership dated 14th December 2010. One of the terms of the Partnership Deed was that all licences including excise, food, fire, trade will be transferred to the Partnership Firm from the proprietorship of the private respondent. Initially, the private respondent granted consent for such transfer of the Bar licence to the firm but subsequently it appears that the private respondent and the appellant nos. 2 and 3 fell apart and the private respondent withdrew her consent for such transfer. Further, she applied for shifting of the business of the said Bar-cum-Restaurant from the present location to some other location.;