M/S Shamshun Tea Industries Private Limited v. The Chairman and Managing Director, Oil India Ltd and 4 Ors

ORDER

25.11.2024

Heard Ms. M Hazarika, the learned senior counsel, assisted by Ms. S Newar, the learned counsel appearing on behalf of the petitioner. Mr. A Sarma, the learned counsel appears on behalf of the respondent Nos.1, 2 and 3, Ms. U Bhattacharjee, the learned counsel appears on behalf of the respondent No.5 and Mr. J Handique, the learned Government Advocate, appears on behalf of respondent No.4.

¶2The dispute raised in the instant proceedings pertains to certain amount which the respondent Nos.1,2 and 3 had paid to the respondent No.5. The case Page No.# 3/4 of the petitioner herein is that the petitioner ought to have been paid the amount and not the respondent No.5.

¶3The learned counsel appearing on behalf of the respondent No.5 on the other hand, categorically submits that on the basis of the materials on record, it would be seen that the petitioner herein has no right to receive the amount.

¶4Mr. A Sarma, the learned counsel appearing on behalf of the respondent Nos.1, 2 and 3 submits that the said respondents have nothing to do in the matter, taking into account that on the basis of the power of attorney, the amount in question had been duly paid.

¶5This Court upon hearing the learned counsels appearing on behalf of the parties, is of the opinion that this matter is primarily a civil dispute between the petitioner as well as the respondent No.5.

¶6Under such circumstances, this Court is of the opinion that the present writ petition is not a fit case for being entertained.

¶7Accordingly, the writ petition stands dismissed on being not entertained. However, the petitioner herein would be at liberty to file a Civil Suit before the competent Court of jurisdiction and the dismissal of the instant writ petition on being not entertained shall not prejudice the petitioner. In addition to that, the period from 24.07.2024 till date be excluded while computing the period of Page No.# 4/4 limitation.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010145732024 ooooooo 2024:GAU-AS:11638 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3654/2024o M/SoSHAMSHUNoTEAoINDUSTRIESoPRIVATEoLIMITEDo HAVINGoITSoREGISTEREDoOFFICEoATo33/1,oN.SoROAD,o444,oMARSHALLo HOUSE,oKOLKATAo700001.oGARDENoOFFICE,oPOoDEMOW,oDISTo DIBRUGARH,o785662oREP.oBYoONEoOFoITSoDIRECTOR,oSRIoVINODo AGARWAL,oAGEDoABOUTo60oYEARS,oS/OoLATEoKISHANoLALoAGARWAL,o RESIDENToOFoFLAToNO.o5D,oANDo5E,oLANSDOWNEoHEIGHTS,o6,oSARATo BOSEoROAD,oKOLKATAo700020. VERSUSo THEoCHAIRMANoANDoMANAGINGoDIRECTOR,oOILoINDIAoLTDoANDo4oORSo OILoINDIAoLIMITED,oCORPORATEoOFFICE,oOILoINDIAoLIMITED,oPLOToNO.o 19,oNEARoFILMoCITY,oSECTORo16A,oNOIDAo201301 2:THEoGENERALoMANAGER-oLANDo(HOD) oLANDoDEPARTMENT oOILoINDIAoLIMITED oDULIAJAN o786602 ASSAM 3:THEoSENIORoMANAGER-LANDoDEPARTMENT oOILoINDIAoLIMITED oDULIAJAN o786602 ASSAM 4:THEoDEPUTYoCOMMISSIONER oDIBRUGARH oASSAMo786003 Page No.# 2/4 5:MRS. LUCILLE LAILA RAHMAN W/O MR. SHAUKAT MD. RAHMAN PROPRIETOR OF ESSEL BIO RESEARCH PLANTATION RESIDENT OF NIRMALI GAON PO RATANPUR DIBRUGARH TOWN DIST DIBRUGARH ASSAM 78600 Advocate for the petitioner(s): Ms. M Hazarika Ms. S Newar Advocate for the respondent(s): Mr. A Sarma Ms. U Bhattacharjee B E F O R E HON'BLE MR. JUSTICE DEVASHIS BARUAH