Gauhati High Court
M/S New Age Petcoke Pvt Ltd vs The Numaligarh Refinery Ltd. And 2 Ors on 3 May, 2024
Page No.# 1/10
GAHC010101472023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2662/2023
M/S NEW AGE PETCOKE PVT LTD.
A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE
COMPANIES ACT, 1956 AND HAVING ITS REGISTERED OFFICE SITUATED
AT PALASHBARI, NH-31C, P.O. KAJALGAON, DIST. CHIRANG, BTAD,
ASSAM, PIN- 783385 AND REPRESENTED BY SHRI BIPUL KUMAR DUTTA
ONE OF THE DIRECTORS AND AUTHORIZED SIGNATORY OF THE
PETITIONER COMPANY.
VERSUS
THE NUMALIGARH REFINERY LTD. AND 2 ORS
LOCATED AT MORANGI, GOLAGHAT, ASSAM AND A GOVERNMENT OF
INDIA ENTERPRISE, AS REPRESENTED BY ITS CHAIRMAN/MANAGING
DIRECTOR, AND HAVING ITS REGISTERED OFFICE AT 122A, NRL CENTRE,
G.S. ROAD, CHRISTIAN BASTI, GUWAHATI-781005.
2:THE DEPUTY GENERAL MANAGER NRMT
NUMALIGARH REFINERY
MORANGI
P.O. NRP
DIST. GOLAGHAT
ASSAM
PIN- 785699.
3:THE CM (MARKETING) NUMALIGARH REFINERY LIMITED
NEDFi HOUSE
4TH FLOOR
G.S. ROAD
GANESHGURI
GUWAHATI
ASSAM
Page No.# 2/10
PIN- 781006
Advocate for the Petitioner : MR. K N CHOUDHURY
Advocate for the Respondent : MR A KALITA (R-1,2 AND 3)
Linked Case : WP(C)/2699/2023
M/S UPPER ASSAM PETROCOKE PVT. LTD.
A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE
COMPANIES ACT
1956 AND HAVING ITS REGISTERED OFFICE SITUATED AT NO. 2
MAKUM PATHER
P.O.- MARGHERITA
DISTRICT- TINSUKIA
ASSAM
PIN- 786181
AND REPRESENTED BY SHRI ARUP KUMAR MAITY
ONE OF THE DIRECTORS AND AUTHORIZED SIGNATORY OF THE
PETITIONER COMPANY.
VERSUS
THE NUMALIGARH REFINERY LTD. AND 2 ORS
LOCATED AT MORANGI
GOLAGHAT
ASSAM
A GOVERNMENT OF INDIA ENTERPRISE
AS REPRESENTED BY ITS CHAIRMAN/ MANAGING DIRECTOR
AND HAVING ITS REGISTERED OFFICE AT 122A
NRL CENTRE
G.S. ROAD
CHRISTIAN BASTI
GUWAHATI- 781005.
2:THE DEPUTY GENERAL MANAGER NRMT
Page No.# 3/10
NUMALIGARH REGINERY
MORANGI
P.O. NRP
DISTRICT- GOLAGHAT
ASSAM
PIN- 785699.
3:THE CM (MARKETING) NUMALIGARH REFINERY LIMITED
NEDFI HOUSE
4TH FLOOR
G.S. ROAD
GANESHGURI
GUWAHATI
ASSAM
PIN- 781006.
------------
Advocate for : MR. K N CHOUDHURY
Advocate for : MR A KALITA (R-1
2 AND 3) appearing for THE NUMALIGARH REFINERY LTD. AND 2 ORS
Linked Case : WP(C)/2702/2023
M/S INDIA CARBON LTD.
A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE
COMPANIES ACT
1956 AND HAVING ITS REGISTERED OFFICE SITUATED AT NOONMATI
GUWAHATI- 781020
AND REPRESENTED BY SHRI SHYAMAL KUMAR BHATTACHARJYA
GENERAL MANAGER (ADMINISTRATION AND COMMERCIAL) AND
AUTHORIZED SIGNATORY OF THE PETITIONER COMPANY.
VERSUS
THE NUMALIGARH REFINERY LTD. AND 2 ORS.
LOCATED AT MORANGI
GOLAGHAT
ASSAM
AND A GOVERNMENT OF INDIA ENTERPRISE
AS REPRESENTED BY ITS CHAIRMAN/ MANAGING DIRECTOR
Page No.# 4/10
AND HAVING ITS REGISTERED OFFICE AT 122A
NRL CENTRE
G.S. ROAD
CHRISTIAN BASTI
GUWAHATI- 781005.
2:THE DEPUTY GENERAL MANAGER NRMT
NUMALIGARH REFINERY
MORANGI
P.O.- NRP
DISTRICT- GOLAGHAT
ASSAM
PIN- 785699.
3:THE CM (MARKETING) NUMALIGARH REFINERY LIMITED
NEDFI HOUSE
4TH FLOOR
G.S. ROAD
GANESHGURI
GUWAHATI
ASSAM- 781006.
------------
Advocate for : MR. K N CHOUDHURY
Advocate for : MR A KALITA (1
2 AND 3) appearing for THE NUMALIGARH REFINERY LTD. AND 2 ORS.
Linked Case : I.A.(Civil)/2394/2023
M/S NEW AGE PETCOKE PVT LTD.
A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE
COMPANIES ACT
1956 AND HAVING ITS REGISTERED OFFICE SITUATED AT PALASHBARI
NH-31C
P.O. KAJALGAON
DIST. CHIRANG
BTAD
ASSAM
PIN- 783385 AND REPRESENTED BY SHRI BIPUL KUMAR DUTTA ONE OF
THE DIRECTORS AND AUTHORIZED SIGNATORY OF THE PETITIONER
COMPANY.
Page No.# 5/10
VERSUS
THE NUMALIGARH REFINERY LTD. AND 2 ORS
LOCATED AT MORANGI
GOLAGHAT
ASSAM AND A GOVERNMENT OF INDIA ENTERPRISE
AS REPRESENTED BY ITS CHAIRMAN/MANAGING DIRECTOR
AND HAVING ITS REGISTERED OFFICE AT 122A
NRL CENTRE
G.S. ROAD
CHRISTIAN BASTI
GUWAHATI-781005.
2:THE DEPUTY GENERAL MANAGER NRMT
NUMALIGARH REFINERY
MORANGI
P.O. NRP
DIST. GOLAGHAT
ASSAM
PIN- 785699.
3:THE CM (MARKETING) NUMALIGARH REFINERY LIMITED
NEDFi HOUSE
4TH FLOOR
G.S. ROAD
GANESHGURI
GUWAHATI
ASSAM
PIN- 781006.
------------
Advocate for : MR. K N CHOUDHURY
Advocate for : SC
NRL appearing for THE NUMALIGARH REFINERY LTD. AND 2 ORS
Linked Case : I.A.(Civil)/2382/2023
M/S UPPER ASSAM PETROCOKE PVT. LTD.
A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE
COMPANIES ACT
1956 AND HAVING ITS REGISTERED OFFICE SITUATED AT NO. 2
MAKUM PATHER
P.O.- MARGHERITA
DISTRICT- TINSUKIA
ASSAM
PIN- 786181
Page No.# 6/10
AND REPRESENTED BY SHRI ARUP KUMAR MAITY
ONE OF THE DIRECTORS AND AUTHORIZED SIGNATORY OF THE
PETITIONER COMPANY.
VERSUS
THE NUMALIGARH REFINERY LTD. AND 2 ORS
LOCATED AT MORANGI
GOLAGHAT
ASSAM
A GOVERNMENT OF INDIA ENTERPRISE
AS REPRESENTED BY ITS CHAIRMAN/ MANAGING DIRECTOR
AND HAVING ITS REGISTERED OFFICE AT 122A
NRL CENTRE
G.S. ROAD
CHRISTIAN BASTI
GUWAHATI- 781005.
2:THE DEPUTY GENERAL MANAGER NRMT
NUMALIGARH REGINERY
MORANGI
P.O. NRP
DISTRICT- GOLAGHAT
ASSAM
PIN- 785699.
3:THE CM (MARKETING) NUMALIGARH REFINERY LIMITED
NEDFI HOUSE
4TH FLOOR
G.S. ROAD
GANESHGURI
GUWAHATI
ASSAM
PIN- 781006.
------------
Advocate for : MR. K N CHOUDHURY
Advocate for : SC
NRL appearing for THE NUMALIGARH REFINERY LTD. AND 2 ORS
Linked Case : WP(C)/2919/2023
M/S GUWAHATI CARBON LIMITED
Page No.# 7/10
A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE
COMPANIES ACT
1956. HAVING ITS REGISTERED OFFICE - PUB-BORAGAON
GORCHUK
N.H.-37
P.O.-GORCHUK
GUWAHATI-781035
ASSAM
REPRESENTED BY ITS DIRECTOR SHRI SANJIB KUMAR BARUAH
VERSUS
NUMALIGARH REFINERY LIMITED AND 3 ORS
MORANGI
GOLAGHAT
ASSAM. A GOVERNMENT OF INDIA ENTERPRISE REPRESENTED BY ITS
CHAIRMAN/MANAGING DIRECTOR. HAVING ITS REGISTERED OFFICE AT
122A
NRL CENTRE
G.S. ROAD
CHRISTIAN BASTI
GUWAHATI-781005
2:THE DEPUTY GENERAL MANAGER NRMT
NUMALIGARH REFINERY
MORANGI
P.O.-NRP
DIST- GOLAGHAT
ASSAM
PIN-785699
3:THE GM (MARKETING)
NUMALIGARH REFINERY LIMITED
NEDFI HOUSE
4TH FLOOR
G.S. ROAD
GANESHGURI
GUWAHATI
ASSAM
PIN-781006
4:M/S E-PROCUREMENT TECHNOLOGIES PVT. LTD. (PROCURE TIGER)
HAVING ITS OFFICE AT B-704-705
WALL STREET-2 NEAR GUJARAT COLLEGE ELLISBRIDGE AHMEDABAD
GUJARAT-380006
------------
Advocate for : MR. K N CHOUDHURY
Advocate for : SC
NRL appearing for NUMALIGARH REFINERY LIMITED AND 3 ORS
Page No.# 8/10
Linked Case : WP(C)/2273/2023
BRAHMAPUTRA CARBON LIMITED
A COMPANY INCORPORATED UNDER THE COMPANIES ACT
1956. HAVING ITS REGISTERED OFFICE AT INDUSTRIAL ESTATE NEW
BONGAIGAON
P.S.
P.O. AND DIST. BONGAIGAON
PIN- 783380
REPRESENTED BY ITS DIRECTOR SHRI SANJIB KUMAR BARUAH.
VERSUS
NUMALIGARH REFINERY LIMITED AND 3 ORS
MORANGI
GOLAGHAT
ASSAM
A GOVERNMENT OF INDIA ENTERPRISE REPRESENTED BY ITS
CHAIRMAN/MANAGING DIRECTOR
HAVING ITS REGISTERED OFFICE AT 122A
NRL CENTRE
G.S. ROAD CHRISTIAN BASTI
GUWAHATI-781005.
2:THE DEPUTY GENERAL MANAGER NRMT
NUMALIGARH REFINERY MORANGI
P.O. NRP
DIST. GOLAGHAT
ASSAM
PIN- 785699.
3:THE CM (MARKETING)
NUMALIGARH REFINERY LIMITED NEDFI HOUSE
4TH FLOOR
G.S. ROAD
GANESHGURI
GUWAHATI
ASSAM
PIN- 781006.
4:M/S. E-PROCUREMENT TECHNOLOGIES PVT. LTD. (PROJECT TIGER)
HAVING ITS OFFICE AT B-704-705
WALL STREET-2
NEAR GUJARAT COLLEGE ELLISBRIDGE
Page No.# 9/10
AHMEDABAD
GUJARAT-380006.
------------
Advocate for : MR. K N CHOUDHURY
Advocate for : SC
NRL appearing for NUMALIGARH REFINERY LIMITED AND 3 ORS
Linked Case : I.A.(Civil)/2419/2023
M/S INDIA CARBON LTD.
A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE
COMPANIES ACT
1956 AND HAVING ITS REGISTERED OFFICE SITUATED AT NOONMATI
GUWAHATI- 781020
AND REPRESENTED BY SHRI SHYAMAL KUMAR BHATTACHARJYA
GENERAL MANAGER (ADMINISTRATION AND COMMERCIAL) AND
AUTHORIZED SIGNATORY OF THE PETITIONER COMPANY.
VERSUS
THE NUMALIGARH REFINERY LTD. AND 2 ORS.
LOCATED AT MORANGI
GOLAGHAT
ASSAM
AND A GOVERNMENT OF INDIA ENTERPRISE
AS REPRESENTED BY ITS CHAIRMAN/ MANAGING DIRECTOR
AND HAVING ITS REGISTERED OFFICE AT 122A
NRL CENTRE
G.S. ROAD
CHRISTIAN BASTI
GUWAHATI- 781005.
2:THE DEPUTY GENERAL MANAGER NRMT
NUMALIGARH REFINERY
MORANGI
P.O.- NRP
DISTRICT- GOLAGHAT
ASSAM
PIN- 785699.
3:THE CM (MARKETING) NUMALIGARH REFINERY LIMITED
NEDFI HOUSE
4TH FLOOR
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G.S. ROAD
GANESHGURI
GUWAHATI
ASSAM- 781006.
------------
Advocate for : MR. K N CHOUDHURY
Advocate for : SC
NRL appearing for THE NUMALIGARH REFINERY LTD. AND 2 ORS.
BEFORE
HON'BLE MR. JUSTICE KARDAK ETE
ORDER
03.05.2024.
Heard Mr. K.N. Choudhury, learned Senior Counsel assisted by Mr. A. Das and Mr. R.J. Das, learned counsel for the petitioner. Also heard Mr. A. Kalita, learned counsel for the respondents. Hearing concluded.
Judgment reserved.
JUDGE Comparing Assistant