Gauhati High Court
M/S New Age Petcoke Pvt Ltd vs The Numaligarh Refinery Ltd. And 2 Ors on 19 January, 2024
Author: Manish Choudhury
Bench: Manish Choudhury
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
Page No.# 10/10
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
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 19.01.2024 Mr. A. Das, learned counsel for the petitioner in W.P.[C] no. 2273/2023 and W.P.[C] no. 2919/2023 and Mr. R.J. Das, learned counsel for the petitioners in W.P.[C] no. 2699/2023 and W.P.[C] no. 2702/2023 have sought adjournment of the cases for 3 [three] weeks. It is submitted by the learned counsel for the petitioners that consent has been taken from the learned counsel for the respondents and a mention memo to that effect was also circulated yesterday.
The joint prayer so made, is allowed.
List the cases after 3 [three] weeks on a date to be fixed by the office.
The interim order passed earlier shall continue till the next date of listing.
JUDGE Comparing Assistant