M/S Guwahati Carbon Limited vs Numaligarh Refinery Limited And 3 Ors on 24 May, 2023

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Gauhati High Court

M/S Guwahati Carbon Limited vs Numaligarh Refinery Limited And 3 Ors on 24 May, 2023

Bench: Kalyan Rai Surana

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GAHC010110452023




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                         Case No. : WP(C)/2919/2023

         M/S GUWAHATI CARBON LIMITED
         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
                                                                       Page No.# 2/3

            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-38000

Advocate for the Petitioner   : MR. K N CHOUDHURY

Advocate for the Respondent : SC, NRL




                                   BEFORE
                   HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                        ORDER

24.05.2023 Heard Mr. K.N. Choudhury, learned senior counsel, assisted by Mr. A. Das, learned counsel for the petitioner. Also heard Mr. A. Kalita, learned counsel for the respondent nos. 1, 2 and 3.

In brief, the case of the petitioner is that they were to lift a specific quantity of Raw Petroleum Coke (RPC for short) and in course of the process of lifting, by an email dated 27.03.2023 issued by the NRL, the upliftment was temporarily withheld on account of safety concerns in view of the Refinery Turned Around 2023. By a subsequent mail dated 19.04.2023, the petitioner was permitted a frequent of the balance quantity of RPC within 26.05.2023.

The petitioner has invoked clause 26 of the Business Requirements Document (BRD) to claim refund of the unlifted quantity of the RPC.

The learned senior counsel for the petitioner has produced a copy of the order dated 28.04.2023 passed in WP(C) No. 2273/2023 already annexed in this writ petition as Annexure-XVII at Page-86, where the facts was similar and it is submitted that in the said order, as an interim measure it was provided that there shall be no coercive action against the in terms of clause 10[c][2] of the Page No.# 3/3 BRD.

The learned counsel for the respondent nos. 1, 2 and 3 has submitted that basic facts are similar.

Issue notice, returnable on a date when proceedings of WP (C) 2273/2023 is listed.

Requisite extra copies of the writ petition shall be served upon the learned counsel for the respondents during the course of the day.

As an interim measure and till the next returnable date, it is provided that the respondents shall not take any coercive action against the petitioner in terms of clause 10[c][2] of the BRD.

List along with WP(C) No. 2273/2023.

JUDGE Comparing Assistant

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