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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