Gauhati High Court
Genus Paper And Boards Ltd vs Union Of India And 10 Ors on 22 July, 2022
Author: Sanjay Kumar Medhi
Bench: Sanjay Kumar Medhi
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GAHC010091192022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3714/2022
GENUS PAPER AND BOARDS LTD.
(FORMERLY GENUS PAPER PRODUCTS LTD.), A COMPANY REGISTERED
UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT
VILLAGE- AGHWANPUR, KANTH ROAD, MORADABAD (U.P.),
REPRESENTED BY SRI NARESH K. SAINI, GROUP- VICE PRESIDENT
(CORPORATE AFFAIRS AND LEGAL).
VERSUS
UNION OF INDIA AND 10 ORS.
MINISTRY OF COAL, SHASTRI BHAWAN, NEW DELHI- 10001,
REPRESENTED BY THE SECRETARY, COAL INDIA LIMITED, SHASTRI
BHAWAN, NEW DELHI-110001.
2:NORTH EASTERN COAL FIELDS
COAL INDIA LIMITED
P.O. MARGHERITA
ASSAM
PIN- 786181. A COMPANY REGISTERED UNDER THE COMPANIES ACT
1956 AND HAVING ITS REGISTERED OFFICE AT 10
NETAJI SUBHASH ROAD
KOLKATA-700001 AND REPRESENTED BY THE GENERAL MANAGER
NORTH EAST COAL FIELDS
COAL INDIA LIMITED
MARGHERITA.
3:GENERAL MANAGER
NORTH EASTERN COAL FIELDS
COAL INDIA LIMITED
P.O. MARGHERITA
ASSAM
PIN- 786181.
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4:THE SECRETARY TO THE GOVERNMENT OF INDIA
MINISTRY OF COAL
SHASTRI BHAWAN
NEW DELHI-110001.
5:THE JOINT SECRETARY TO THE GOVERNMENT OF INDIA
MINISTRY OF COAL
SHASTRI BHAWAN
NEW DELHI-110001.
6:THE UNDER SECRETARY TO THE GOVERNMENT OF INDIA
MINISTRY OF COAL
SHASTRI BHAWAN
NEW DELHI-110001.
7:THE SENIOR MANAGER (S AND M)
NORTH EASTERN COAL FIELDS
COAL INDIA LIMITED
P.O. MARGHERITA
ASSAM, PIN- 786181.
8:THE SECTION OFFICER
GOVERNMENT OF INDIA
MINISTRY OF COAL
SHASTRI BHAWAN
NEW DELHI-110001.
9:THE GENERAL MANAGER (S AND M)
COAL INDIA LIMITED
COAL BHAWAN, NEWTOWN RAJARHAT
KOLKATA-700156.
10:THE DEPUTY MANAGER (S AND M)
GOVERNMENT OF INDIA
MINISTRY OF COAL
SHASTRI BHAWAN
NEW DELHI-110001.
11:THE DIRECTOR
MARKETING, COAL INDIA LIMITED
COAL BHAWAN, NEWTOWN
RAJARHAT, KOLKATA-700156
Advocate for the Petitioner : DR A SARAF
Advocate for the Respondent : ASSTT.S.G.I.
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BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
22-07-2022 Heard Dr. A. K. Saraf, learned Senior Counsel assisted by Shri P. K. Bora, learned counsel for the petitioner.
The petitioner was previously known as 'Genus Paper Products Ltd.' has claimed that it got its new name that by an arrangement under the aegis of the Allahabad High Court. The petitioner had merged with another company and is presently known as 'Genus Paper & Boards Ltd.'. The petitioner had all alongwith doing business of lifting of coals from the respondents and after the aforesaid arrangement, the same was duly intimated to the respondents. However, by ignoring such intimation, the respondents have taken a coercive measure against the petitioner alleging short lifting as well as by invoking the bank guarantee. It is the case of the petitioner that a huge quantity of coal is actually allotted in the name of the petitioner and therefore the impugned action of terminating the agreement as well as forfeiting of Security Deposit and encashment of the bank guarantee is absolutely unreasonable and elegant.
Issue Notice of Motion, returnable by 6 (six) weeks. Shri K. Gogoi, learned Central Govt. Counsel accepts notice on behalf of respondent Nos. 1, 4, 5, 6, 8 & 10 whereas Shri P. Gogoi learned counsel assisting Shri M. Z. Ahmed, learned Senior Counsel accepts notice on behalf of respondent Nos. 2, 3, 7, 9 & 11.
Extra copies of the writ petition alongwith the annexures be served upon the learned counsel for the respondents by Monday.
JUDGE Comparing Assistant