M/S. Royal - Cpl (Jv) vs The Union Of India And 4 Ors on 6 January, 2022

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Gauhati High Court

M/S. Royal - Cpl (Jv) vs The Union Of India And 4 Ors on 6 January, 2022

Bench: Manash Ranjan Pathak

                                                                 Page No.# 1/4

GAHC010181592019




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

                         Case No. : WP(C)/5557/2019

         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

         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- 70000
                                                                            Page No.# 2/4

Advocate for the Petitioner   : MR. D DAS

Advocate for the Respondent : MR. A DASGUPTA (SC, N.F. RLY)

             Linked Case : I.A.(Civil)/262/2020

            THE UNION OF INDIA AND 2 ORS
            REPRESENTED BY THE SECRETARY
            DEPARTMENT OF RAILWAYS
            GOVERNMENT OF INDIA
            NEW DELHI

             VERSUS

            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-700006
             ------------

Advocate for : MS P AGARWAL Advocate for : MR. Y S MANNAN appearing for M/S ROYAL-CPL (JV) AND 2 ORS.

Linked Case : I.A.(Civil)/2180/2021 THE STATE OF MANIPUR REPRESENTED BY THE SECY.

DEPTT. OF TRANSPORT GOVT. OF MANIPUR SECRETARIAT NORTH BLOCK Page No.# 3/4 BABUPARA P.O. AND P.S. IMPHAL DIST. IMPHAL WEST MANIPUR 795001 VERSUS M/S. ROYAL - CPL (JV) GODREJ WATERSLIDE BUILDING TOWER NO. 1 4TH FLOOR NO. 401 PLOT NO. 5 D.P. BLOCK SALT LAKE SECTOR V KOLKATA (WEST BENGAL) REPRESENTED BY SHRI AJAY KUMAR PODDAR S/O MAHAVIR PRASAD PODDAR.

2:THE UNION OF INDIA REPRESENTED BY THE SECY.

DEPTT. OF RAILWAYS GOVT. OF INDIA NEW DELHI.

3:THE NORTH EAST FRONTIER RAILWAY REPRESENTED BY THE GENERAL MANAGER/CON MALIGAON GUWAHATI 781001 4:THE CHIEF ENGINEER/CON N.F. RAILWAY MALIGAON GUWAHATI 781011 5:BHARTIA INFRA PROJECTS LTD.

201

ROYAL ARCADE 2ND FLOOR DR. B BARUAH ROAD ULUBARI GUWAHATI 781007 6:PA (JV) 187 MAHASHI DEBENDRA ROAD KOLKATA 700006

------------

Advocate for : MR. N ANIX SINGH Advocate for : MR. R K BHATRA appearing for M/S. ROYAL - CPL (JV) Page No.# 4/4 BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK 06/01/2022 Heard Mr. Y S Mannan, learned counsel for the petitioner and Mr. A Dasgupta, learned Senior counsel assisted by Mr. G Goswami, learned counsel for the respondent Railways.

Both Mr. Mannan, learned counsel for the petitioner and Mr. Dasgupta, learned Senior counsel for the respondent Railways submitted at the bar that the petitioner has no objection if the interim order of status quo dated 05.08.2019 passed in this writ petition presently in force is vacated as the matter pertains to the work of laying Ballasted Railway Track in Tunnel Nos. 1, 2, 3, 4, 5 and 6 pertaining to the Jiribam-Imphal Broad Gauge Rail Line Project having a national importance.

In that regard, Mr. G Goswami, learned counsel for the respondent Railways has placed a copy of the communication No. RICL-CPL(JV)/NFR/BLT(1 of 4)/21-22 dated 03.01.2022 issued by one Ajay Kumar Poddar, authorized signatory of the petitioner, Royal CPL (JV) addressed to the General Manager, Construction, N.F. Railway, Maligaon, Guwahati-781011 with regard to the present petition.

Considering the above, the interim order of status quo dated 05.08.2019 passed earlier in WP(C) No. 5557/2019 is hereby recalled/stands vacated.

Copy of the said communication No. RICL-CPL(JV)/NFR/BLT(1 of 4)/21-22 dated 03.01.2022 issued by Ajay Kumar Poddar, authorized signatory of the petitioner JV placed before the Court today, as noted above, be kept as a part of the record.

List this matter after 6 (six) weeks on a date to be fixed by the Registry.

JUDGE Comparing Assistant

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