Gauhati High Court
M/S India Carbon Ltd vs The Union Of India And 3 Ors on 28 November, 2024
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/11
GAHC010187332019
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5703/2019
M/S INDIA CARBON LTD.
A COMPANY REGD. UNDER THE COMPANIES ACT, 1956 AND HAVING ITS
H.O. AT TEMPLE CHAMBERS, 4TH FLOOR, 6, OLD POST OFFICE STREET,
KOLKATA- 700001 AND REGD. OFFICE AT NOONMATI, GHY- 20, ASSAM
AND IS REP. BY ITS POWER OF ATTORNEY HOLDER AND AUTHORISED
REPRESENTATIVE, SHRI SHYAMAL KUMAR BHATTACHARJYA
VERSUS
THE UNION OF INDIA AND 3 ORS.
REP. BY THE SECY., MINISTRY OF PETROLEUM AND NATURAL GAS,
SHASTRI BHAVAN,, NEW DELHI- 110001
2:INDIAN OIL CORPORATION LTD.
A GOVT. OF INDIA ENTERPRISE
HAVING ITS REGD. OFFICE AT INDIAN OIL BHAWAN
G-9
ALI YAVVAR JUNG MARG
BANDRA (EAST)
MUMBAI- 400051
3:DIRECTOR MARKETING
INDIAN OIL CORPORATION LTD.
INDIAN OIL BHAWAN
G-9
ALI YAVVAR JUNG MARG
BANDRA (EAST)
MUMBAI- 400051
4:THE GENERAL MANAGER
INDIAN OIL CORPORATION LTD.
NORTH EAST INTEGRATED STATE OFFICE MARKETING DIVISION
Page No.# 2/11
SECTOR III NOONMATI
GHY
ASSAM- 78102
Advocate for the Petitioner : MR G N SAHEWALLA, MS. S. TODI,MS. S KATAKEY,MR. M
SAHEWALLA,MR. A CHETIA
Advocate for the Respondent : ASSTT.S.G.I., SC, I O C
Linked Case : WP(C)/3883/2019
M/S CARBON RESOURCES PVT. LTD.
A COMPANY REGD UNDER THE COMPANIES ACT
1956 AND HAVING ITS REGD OFFICE AT SABREWAL HOUSE
3RD FLOOR
55B MIRZA GHALIB STREET
KOLKATA- 700016 AND HAVING ITS UNIT AT VILLAGE KUKURMARI
P.O- DHALIGAON
DIST- CHIRANG
BTAD
ASSAM AND IS REP. BY ITS DIRECTOR(PROJECT) AND AUTHORISED REP.
SRI RAJENDRA KUMAR SHARMA
VERSUS
THE UNION OF INDIA AND 4 ORS
REP. BY THE SECRETARY
MIN OF PETROLEUM AND NATURAL GAS
SHASTRI BHAVAN
NEW DELHI- 110001
2:INDIAN OIL CORPORATION LTD
A GOVT OF INDIA ENTERPRISE
HAVING ITS REGD OFFICE AT INDIAN OIL BHAWAN
G- 9
ALI YAVAR JUNG MARG
BANDRA (EAST)
MUMBAI- 400051
3:DIRECTOR MARKETING
IOCL
INDIAN OIL BHAWAN
Page No.# 3/11
G-9
ALI YAVAR MARG
BANDRA (EAST)
MUMBAI- 400051
4:THE GENERAL MANAGER
IOCL
NORTH EAST INTEGRATED STATE OFFICE
MARKETING DIVISION
SECTOR III
NOONMATI
GUWAHATI
ASSAM
PIN- 781020
5:NEME STRIKED OUT
AS PER HONBLE COURTS ORDER DTD.12.06.2019
------------
Advocate for : MR G N SAHEWALLA
Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 4 ORS
Linked Case : WP(C)/5660/2019
M/S GUWAHATI CARBON LTD. AND ANR.
A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE
COMPANIES ACT
1956 AND HAVING ITS REGD OFFICE AT PUB BORAGAON
GORCHUK
NH 37
P.O- GORCHUK
GUWAHATI- 781035
ASSAM AND REP. BY SRI SANJIB KUMAR BARUAH
ONE OF ITS DIRECTORS
2: SAMJIB KUMAR BARUAH
S/O- LATE DURGA PRASAD BARUAH
R/O- PINK ROYAL HOUSE
ADARSHAPUR
P.S- DISPUR
KAHILIPARA
DIST- KAMRUP (M)
GUWAHATI
PIN- 781019
ASSAM
VERSUS
Page No.# 4/11
THE UNION OF INDIA AND 6 ORS
REP. BY THE SECRETARY
MIN OF PETROLEUM AND NATURAL GAS
SHASTRI BHAWAN
NEW DELHI- 110001
2:INDIAN OIL CORPORATION LIMITED
A GOVT OF INDIA ENTERPRISE
REGD UNDER THE COMAPNIES ACT AND HAVING ITS REGD HEAD OFFICE
AT INDIAN OIL BHAVAN
G-9
ALI YAVAR JUNG MARG
BANDRA (EAST)
MUMBAI- 400051 AND IS REP. BY ITS CHAIRMAN
3:THE CHAIRMAN
IOCL
CORPORATE OFFICE
3079/3
SADIQ NAGAR
JB TITO MARG
NEW DELHI- 110049
4:THE DIRECTOR (MARKETING)
IOCL
INDIAN OIL BHAVAN
G-9
ALI YAVAR JUNG MARG
BANDRA(EAST)
MUMBAI- 400051
5:THE GUWAHATI REFINERY
IOCL
NOONMATI
GUWAHATI- 781020
ASSAM
REP. BY THE EXECUTIVE DIRECTOR
6:THE GM
IOCL
NORTH EAST INTEGRATED STATE OFFICE
GUWAHATI REFINERY
MARKETING DIVISION
SECTOR-III
NOONMATI
GUWAHATI- 781020
ASSAM
Page No.# 5/11
7:STRUCK OFF
NAME OF RESPONDENT NO 7 HAS BEEN STRUCK OFF AS PER HON'BLE
COURT'S ORDER DTD.7.8.2019
------------
Advocate for : MR. K N CHOUDHURY
Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 6 ORS
Linked Case : I.A.(Civil)/2465/2019
PETRO CARBON AND CHEMICALS PVT LTD.
HAVING A REGD OFFICE AT AVANI SIGNATURE 6TH FLOOR
91A/1 PARK STREET
KOLKATA- 700016
THROUGH ITS AUTHORISED REP CHITTOR SRINIVAS JANARDHAN RAO
R/O- FLAT NO. 206
BLOCK- 4
GANGA JAMUNA ENCLAVE
BOTANDA
SUPERDADA
BHUBANESWAR- 751002
ODISHA
CURRENTLY AT GUWAHATI
ASSAM
VERSUS
THE UNION OF INDIA AND 4 ORS.
THROUGH SECRETARY
MIN OF PETROLEUM AND NATURAL GAS
SHASTRI BHABAN
NEW DELHI- 01
2:INDIAN OIL CORPORATION LTD
REGD OFFICE AT INDIA OIL BHAWAN
G-9
ALIYAVAR JUNG MARG
BANDRA (EAST)
MUMBAI- 400051
3:DIRECTOR MARKETING
INDIAN OIL LTD
INDIA OIL BHAWAN
G-9 ALI YAVAR JUNG MARG
BANDRA (EAST) MUMBAI- 400051
Page No.# 6/11
4:THE GM
IOCL
NORTH EAST INTEGRATED STATE OFFICE MARKETING DIV
SECTOR- III
NOONMATI
GHY
ASSAM
------------
Advocate for : MR N DUTTA
Advocate for : SC. CGSC appearing for THE UNION OF INDIA AND 4 ORS.
Linked Case : WP(C)/3882/2019
M/S INDIA CARBON LTD.
A COMPANY REGD. UNDER THE COMPANIES ACT
1956 AND HAVING ITS H.O. AT TEMPLE CHAMBERS
4TH FLOOR
6
OLD POST OFFICE STREET
KOLKATA- 700001 AND REGD. OFFICE AT NOONMATI
GHY- 20
ASSAM AND IS REP. BY ITS POWER OF ATTORNEY HOLDER AND
AUTHORISED REPRESENTATIVE
SHRI SHYAMAL KUMAR BHATTACHARJYA
VERSUS
THE UNION OF INDIA AND 4 ORS.
REP. BY THE SECY.
MINISTRY OF PETROLEUM AND NATURAL GAS
SHASTRI BHAVAN
NEW DELHI- 110001
2:INDIAN OIL CORPORATION LTD.
A GOVT. OF INDIA ENTERPRISE
HAVING ITS REGD. OFFICE AT INDIAN OIL BHAWAN
G-9
ALI YAVVAR JUNG MARG
BANDRA (EAST)
MUMBAI- 400051
3:DIRECTOR MARKETING
INDIAN OIL CORPORATION LTD.
INDIAN OIL BHAWAN
Page No.# 7/11
G-9
ALI YAVVAR JUNG MARG
BANDRA (EAST)
MUMBAI- 400051
4:THE GENERAL MANAGER
INDIAN OIL CORPORATION LTD.
NORTH EAST INTEGRATED STATE OFFICE MARKETING DIVISION
SECTOR III NOONMATI
GHY
ASSAM- 781020
5:NAME STRIKED OUT
AS PER HON'BLE COURT'S ORDER DTD.12.6.2019
------------
Advocate for : MR G N SAHEWALLA
Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 4 ORS.
Linked Case : I.A.(Civil)/2692/2019
PETRO CARBON AND CHEMICALS PVT LTD
HAVING ITS REGISTERED OFFICE AT 91A/1
AVANI SIGNATURE
6TH FLOOR
PARK STREET
KOLKATA 700016 THROUGH ITS AUTHORIZED REPRESENTATIVE
CHITTOOR SRINIVAS JANARDHAN RAO
R/O FLAT NO. 206
BLOCK-4
GANGA JAMUNA ENCLAVE
BOTANDA
SUPERPADA
BHUBANESWAR 751002
ODISHA
CURRENTLY AT GUWAHATI
ASSAM.
VERSUS
M/S GUWAHATI CARBON LTD. AND 8 ORS
A CO. INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT
1956 AND HAVING ITS REGISTERED AT PUB BORAGAON
GORCHUK
N.H. 37
P.O. GORCHUK
Page No.# 8/11
GUWAHATI 781035
ASSAM AND REPRESENTED BY SHRI SANJIB KUMAR BARUAH
ONE OF ITS DIRECTORS
2:SANJIB KUMAR BARUAH
S/O LATE DURGA PRASAD BARUAH
3:THE UNION OF INDIA
REPRESENTED BY THE SECY. MINISTRY OF PETROLEUM AND NATURAL
GAS SHASTRI BHAVAN
NEW DELHI 110001
4:INDIAN OIL CORPORATION LTD.
A GOVT. OF INDIA ENTERPRISE REGISTERED UNDER THE COMPANIES ACT
AND HAVING ITS REGISTERED HEAD OFFICE AT INDIAN OIL BHAWAN
G-9 ALI YAVAR JUNG MARG
BANDRA (EAST) MUMBAI 400051 AND IS REPRESENTED BY ITS
CHAIRMAN
5:THE CHAIRMAN
INDIAN OIL CORPORATION LTD.
CORPORATE OFFICE
3079/3 SADIQ NAGAR
N.B. TITO MARG
NEW DELHI 110049
6:THE DIRECTOR (MARKETING)
INDIAN OIL CORPORATION LTD.
INDIAN OIL BHAWAN
G-9
ALI YAVAR JUG MARG BANDRA (EAST)
MUMBAI 400051
7:THE GUWAHATI REFINERY
INDIAN OIL CORPORATION LTD.
NOONMATI GUWAHATI 781020
ASSAM REPRESENTED BY THE EXECUTIVE DIRECTOR
8:THE GENERAL MANAGER
INDIAN OIL CORPORATION LTD.
NORTH EAST INTEGRATED STATE OFFICE
GUWAHATI REFINERY
MARKETING DIVISION
SECTOR-III NOONMATI
GUWAHATI 781020
ASSAM.
9:MSTC LTD.
Page No.# 9/11
WESTERN REGIONAL OFFICE (WRO)
607
RAHEJA CENTRE
NARIMAN POINT
MUMBAI 400021
------------
Advocate for : MR K KHANNA
Advocate for : C.G.C. appearing for M/S GUWAHATI CARBON LTD. AND 8 ORS
Linked Case : WP(C)/3880/2019
M/S. GUWAHATI CARBON LTD. AND ANR.
A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE
COMPANIES ACT
1956 AND HAVING ITS REGD OFFICE SITUATED AT PUB BORAGAON
GORCHUK
NH 37
P.O- GORCHUK
GUWAHATI- 781035
ASSAM REP. BY SRI SANJIB KUMAR BARUAH
ONE OF ITS DIRECTORS
2: SANJIB KUMAR BARUAH
S/O- LATE DURGA PRASAD BARUAH
R/O-
PINK ROYAL HOUSE
ADARSHAPUR
P.S- DISPUR
KAHILIPARA
DIST- KAMRUP (M)
GUWAHATI
PIN- 781019
ASSAM
VERSUS
THE UNION OF INDIA AND 6 ORS
REP. BY THE SECRETARY
MIN OF PETROLEUM AND NATURAL GAS
SHASTRI BHAVAN
NEW DELHI- 110001
2:INDIAN OIL CORPORATION LIMITED
A GOVT OF INDIA ENTERPRISE
REGD UNDER THE COMPANIES ACT AND HAVING ITS REGD OFFICE AT
INDIAN OIL BHAWAN
G-9
Page No.# 10/11
ALI YAVAR MARG
BANDRA(EAST)
MUMBAI- 400051 AND IS REP. BY ITS CHAIRMAN
3:THE CHAIRMAN
IOCL
CORPORATE OFFICE
3079/3
SADIQ NGAR
J B TITO MARG
NEW DELHI- 110049
4:THE DIRECTOR(MARKETING)
IOCL
INDIAN OIL BHAWAN
G-9
ALI YAVAR MARG
BANDRA(EAST)
MUMBAI- 400051
5:THE GUWAHATI REFINERY
IOCL
NOONMATI
GUWAHATI- 781020
ASSAM
REP. BY THE EXECUTIVE DIRECTOR
6:THE GENERAL MANAGER
IOCL
NORTH EAST INTEGRATED STATE OFFICE
GUWAHATI REFINERY
MARKETING DIVISION
SECTOR-III
NOONMATI
GUWAHATI- 781020
ASSAM
7:MSTC LIMITED
WESTERN REGIONAL OFFICE
607
RAHEJA CENTRE
NARIMAN POINT
MUMBAI- 400021
------------
For the Petitioner(s) : Mr. K. N. Choudhury, Sr. Advocate
: Mr. G. N. Sahewalla, Sr. Advocate
Page No.# 11/11
For the Respondent(s) : Mr. D. K. Sharma, Standing Counsel
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 28.11.2024 List this matter again on 17.12.2024 on which date, Mr. D. K. Sharma, the learned Standing counsel appearing on behalf of the IOCL shall place before this Court the instructions as to how the amount of Rs.24,150/- was arrived at the floor price for the auction which was held on 07.06.2019.
2. It is seen from the records that the import price was Rs.19,030/-. The Respondent Authorities shall place before this Court the other details which shows as to how the amount was arrived at Rs.24,150/-.
JUDGE Comparing Assistant