Gauhati High Court
Page No.# 1/5 vs Union Of India And 5 Ors on 30 May, 2025
Author: Michael Zothankhuma
Bench: Michael Zothankhuma
Page No.# 1/5
GAHC010116812025
2025:GAU-AS:6992
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2974/2025
M/S KHAGEMBA TRANSACTION AND CONSTRUCTION
A REGISTERED PARTNERSHIP FIRM, AND MEMBER OF THE JOINT
VENTURE, M/S DECPL-KTC-ALTIS JV, HAVING HEAD OFFICE AT
PISHUMTHONG OINAM LEIKAI IMPHAL WEST, MANIPUR-795001 AND
REPRESENTED BY ITS MANAGING PARTNER, MR LANGPOKLAKPAM
TOMBA SINGH
AGED ABOUT 68 YEARS.
VERSUS
UNION OF INDIA AND 5 ORS.
REPRESENTED BY THE GENERAL MANAGER, N.F. RAILWAY MALIGAON,
GUWAHATI-781011
2:THE PRINCIPAL CHIE ELECTRICAL ENGINEER/ CONSRUCTION
N.F. RAILWAY
MALIGAON
GUWAHATI-781011.
3:CEE/CON-III/MLG
NFR-CONST HQ-ELECTRICAL OFFICE OF GM
CONSTRUCTION N.F. RAILWAY
MALIGAON
GUWAHATI-781011
4:DY. CEE/CON/SCL
OFFICE OF CEE/CON-I/MLG N.F.RAILWAY
Page No.# 2/5
MALIGAON
GUWAHATI-781011
5:M/S DROMOS ENGINEERS AND CONTRACTORS (OPC) PRIVATE LIMITED
HAVING ITS REGISTERED OFFICE AT VILLAGE- SHALJHAR
P.O. KHATUL HOOGLY WEST BENGAL-712611 REPRESENTED BY ITS
DIRECTOR
MR PARTHA SARATHI DUTTA
6:M/S DECPL-KTC-ALTIS JV
A JOINT VENTURE
VILLAGE- SHALJHAR
P.O. KHATUL
HOOGLY WEST BENGAL-712611
Advocate for the Petitioner : MR. R SHARMA, MR. D DEKA,MS P PHUKAN
Advocate for the Respondent : DY.S.G.I.,
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 30-05-2025 Heard Mr. R Sharma, learned senior counsel assisted by Ms. P Phukan, learned counsel for the petitioner. Also heard Mr. H Gupta, learned counsel for the respondent Nos. 1 to 4.
2. The petitioner has prayed for a direction to be issued to the respondent authorities, not to make any further payment in the individual Bank account of the respondent No. 5 and to deposit the payments for the contract work done by the Joint Venture, in the Joint Venture account that is to be opened by the Joint Venture (JV) comprising of the petitioner, the respondent Nos. 5 & 6.
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3. The petitioner's counsel submits that in terms of Clause 17.5.1 of the Engineering, Procurement and Construction (EPC) Contract Agreement, the respondent authorities were to release payments in relation to the EPC contract to the lead member of the Joint Venture. However, payments should not be submitted in the individual account of the respondent No. 5. He submits that the payments should be submitted in the Joint Venture account of the Joint Venture and the same should not be deposited in the account of the respondent No. 5 only.
4. Mr. H Gupta, learned counsel for the respondent Nos. 1 to 4 submits that a joint meeting was held on 09.05.2025, wherein a decision had been taken by the petitioner, the respondent Nos. 5, the respondent Nos. 3 & 4 and SEE(Elect)/Con-1/Imphal, to the effect that a Joint Venture account would be opened by the parties of the Joint Venture and payments with respect to the EPC contract would be deposited in the Joint Venture account.
5. Mr. H Gupta, learned counsel for the respondent Nos. 1 to 4 further submits that the 3rd partner of the Joint Venture, i.e., ALTIS HOLDING has given a No Objection letter dated 25.05.2025, to the setting up of a Joint Venture account for deposit of payments for the EPC contract being executed by the Joint Venture.
6. Mr. H Gupta, learned counsel for the respondent Nos. 1 to 4 submits that in view of the decision of the joint meeting held on 09.05.2025, all future payments to be made to the Joint Venture, would be submitted/deposited in the Joint Venture account to be opened by the petitioner, respondent Nos. 5 & 6.
7. The decision of the joint meeting dated 09.05.2025 and the letter dated 25.05.2025 issued by the ALTIS Holding has been produced by Mr. H Gupta, learned counsel for the respondent Nos. 1 to 4 before this Court. The sane are made a part of the record and Page No.# 4/5 marked as Annexure-X collectively. The contents of joint meeting dated 09.05.2025 is reproduced herein below as follows:-
"Decision of the Joint Meeting Held on: 09.05.2025 (Friday) Venue: CEE/CON-3/ML.G's Chamber Ref:-
1. CA.No. NFR/NFRC/ELECT/2024/0037
2. Letter No. EL/CON/SCL/MISC/250050501 Decisions Taken:
1. Documents for opening of JV Account as required by BoB/Ballygunj will be arranged by KTC, DECPL will cooperate them. Till date up to which JV Account not opened payment will be made in Lead Member account. KTC will arrange JV account in 10 days.
2. KTC will execute the work from Khongsang to Noney. For execution of said work the necessary Design and Drawings will be submitted by KTC immediately.
3. Simulation of ROCS and FOCS at Khongsang will be jointly surveyed and planned by KTC and DECPL
4. KTC and DECPL will both submit ROCS design and drawings so that Change of Scope (COS), required may be processed in due course. The Change of Scope (COS) will be processed through JV account only.
5. Payment for ROCS will be done to DECPL up to Tunnel-20 beyond that ROCS payment will be done to KTC as per share in the JV agreement.
6. If length of ROCS is increased beyond the length in the agreement during simulation, then payment will be made to both the parties for their respective portion."
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8. In view of the decision of the joint meeting held on 09.05.2025 and the letter dated 25.05.2025, there is nothing to be decided in this writ petition. Thus, any payments to be made by the respondent authorities on the EPC contract would have to be deposited, henceforth, in the Joint Venture account to be opened by the Joint Venture.
9. The writ petition is disposed of accordingly.
JUDGE Comparing Assistant