Gauhati High Court
The Union Of India And 2 Ors vs M/S Royal-Cpl (Jv) And 2 Ors on 17 February, 2020
Author: Nelson Sailo
Bench: Nelson Sailo
Page No.# 1/4
GAHC010012342020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 262/2020
1:THE UNION OF INDIA AND 2 ORS
REPRESENTED BY THE SECRETARY, DEPARTMENT OF RAILWAYS,
GOVERNMENT OF INDIA, NEW DELHI
VERSUS
1:M/S ROYAL-CPL (JV) AND 2 ORS.
GODREJ WATERSIDE BUILDING, TOWER NO. 1, 4TH FLOOR, NO. 401, PLOT
NO. 5, DP BLOCK, SALT LAKE, SECTOR V, KOLKATA (WEST BENGAL)
REPRESENTED BY SRI AJAY KUMAR PODDAR, S/O MAHAVIR PRASAD
PODDAR
2:BHARTIA INFRA PROJECTS LIMITED
201
ROYAL ARCADE
2ND FLOOR
DR. B. BARUAH ROAD
ULUBARI
GUWAHATI-781007
3:PA (JV)
187
MAHASHI DEBENDRA ROAD
KOLKATA-70000
Advocate for the Petitioner : MS P AGARWAL
Advocate for the Respondent : MR. Y S MANNAN
Linked Case : WP(C) 5557/2019
Page No.# 2/4
1:M/S. ROYAL - CPL (JV)
GODREJ WATERSIDE BUILDING
TOWER NO.1
4TH FLOOR NO. 401
PLOT NO.5
DP BLOCK
SALT LAKE
SECTOR V
KOLKATA (WEST BENGAL)REP. BY SRI AJAY KUMAR PODDAR
S/O-MAHAVIR PRASAD PODDAR
VERSUS
1:THE UNION OF INDIA AND 4 ORS
REP. BY THE SECRETARY
DEPTT OF RAILWAYS
GOVT OF INDIA
NEW DELHI
2:THE NORTH EAST FRONTIER RAILWAY
REP. BY GM/CON
MALIGAON
GUWAHATI- 781011
3:THE CHIEF ENGINEER/CON
NF RAILWAY
MALIGAON
GUWAHATI- 781011
4:BHARTIA INFRA PROJECTS LIMITED
201
ARCADE
2ND FLOOR
DR. B BRUAH ROAD
ULUBARI
GHY- 781007
5:PA(JV)
187
MAHASHI DEBENDRA ROAD
KOLKATA- 700006
Advocate for the Petitioner : MR. D DAS
Advocate for the Respondent : MR. A DASGUPTA (SC
N.F. RLY)
Page No.# 3/4
BEFORE
HONOURABLE MR. JUSTICE NELSON SAILO
ORDER
Date : 17-02-2020 Heard Dr. R.C. Borpatra Gohain, the learned senior counsel assisted by Ms. P. Agarwal, the learned counsel for the NF Railways. The learned senior counsel submits that by filing this application, the applicant seeks vacation of the interim order passed by this Court on 05.08.2019 which was subsequently continued vide Order dated 08.08.2019 and thereafter as well. Mr. Y.S Mannan, the learned counsel for the writ petitioner on the other hand submits that since the applicant intends to rely upon the counter affidavit for the purpose of pressing the interlocutory application, Court may permit the opposite party/ writ petitioner to file the rejoinder affidavit to the counter affidavit and thereafter, take up the matter for final disposal instead of considering the IA at this stage.
Mr. G.N. Sahewalla, the learned senior counsel assisted by Ms. S. Kataki also appears for respondent No. 4 in the writ petition and submits that he will be supporting the stand of the NF Railways in the matter.
Considering the submission made by the parties, two weeks time is granted to the writ petitioners to file their rejoinder affidavit. The affidavit should be filed Page No.# 4/4 on or before 02.03.2020 with a copy of the same to the parties concerned. List the case again on 5.03.2020 for admission hearing.
JUDGE Comparing Assistant