M/S Joy Enterprise v. Union of India and 4 Ors

ORDER Date : 16.08.2024

Heard Mr. A. A. Ahmed, learned counsel for the applicant. Also heard Mr. A. K. Dutta, learned CGC for all the respondents.

¶2This Interlocutory Application has been filed by the petitioner seeking amendment of the arbitration petition being Arb.P./28/2022. He submits that due to inadvertent mistake the correct averments and statements were not made in the arbitration petition and therefore the same is required to be amended.

¶3Notice in the matter was issued on 02.01.2023.

¶4Mr. A. K. Dutta, learned CGC appears for all the respondents. He does not object to the prayer made seeking amendment of arbitration petition.

¶5Upon taking into consideration the submissions of the learned counsel for the petitioner and upon perusal of the Interlocutory Application, this Court is of the view that the amendments can be allowed. Accordingly, the following amendments as reflected in the Interlocutory Application are allowed to be incorporated in the Arbitration petition being Arb.P./28/2022. "6. That in the Cause title of the petition the name and description of petition is mentioned as follows: "Mr. Pradip Choudhury, Sole proprietor of M/S Joy Enterprise, Page No.# 4/4 Son of Krishna Kanta Choudhury, resident of Pandapara, PO & District-Jalpiguri, Pin735101, West Bengal".

However, the same is required to be amended to the extent that name and description of petitioner should be- "M/s Joy Enterprises, a partnership firm registered under the Indian Partnership Act, having registration No. L32087 dated

29.06.2017 vide Register of Firms volume 813 Folio 83 Government of West Bengal and having its registered office at Pandapara, Shesbati, PS. & District -

Jalpaiguri

represented

by

Shri

Subrata

Choudhury."

¶7That similarly, in the petition, the para 1 reads as follows:- "1. That the petitioner is a Contractor by profession and he has been registered under different Government departments including Railway and carry on business of various construction work under name and style of M/S Joy Enterprise having its principal place of business at Pandapara, —PO-& District - Jalpaiguri, Pin-735101, West Bengal." Therefore,

it

has

become

necessary

to

amend the para 1 in the following manner:- "1, That the petitioner is a Partnership firm registered under the Partnership Act, having its principal place of business at Pandapara, Shesbati, P.S. & District - Jalpaiguri, West Bengal. The petitioner has been carrying on business of supply and construction work of various government department including Railways since last many years."

¶6This Interlocutory Application is accordingly stands allowed and disposed of.

¶7The amended arbitration petition will be filed within 2 (two) weeks from today. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010111782024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/1730/2024o M/SoJOYoENTERPRISEo AoPARTNERSHIPoFIRMoREGISTEREDoUNDERoTHEoINDIANoPARTNERSHIPo ACT,oHAVINGoREGISTRATIONoNO.oL32087oDATEDo29.06.2017oHAVINGoITSo REGISTEREDoOFFICEoAToPANDAPARA,oSHESBATI,oP.S.oANDoDISTRICTo JALPAIGURI,oREPoBYoSUBRATAoCHOUDHURYoJALPAIGURI VERSUSo UNIONoOFoINDIAoANDo4oORSo REPRESENTEDoBYoTHEoGENERALoMANAGER,oN.F.oRAILWAY,oMALIGAON,o GUWAHATI-781011 2:THEoGENERALoMANAGER/CON oN.F.oRAILWAY oMALIGAON oGUWAHATI-781011 3:THEoCHIEFoENGINEER/CON oN.F.oRAILWAY oMALIGAON oGUWAHATI-781011 4:THEoDEPUTYoCHIEFoENGINEER/CON oN.F.oRAILWAY oMALIGAON oGUWAHATI-781011 5:THEoDEPUTYoCHIEFoENGINEER/CON oN.F.oRAILWAY oNEWoJALPAIGURI oWESToBENGAo Page No.# 2/4 Advocate for the Petitioner : MR RAB HUSSAIN, MS P SEN,MR A A AHMED,F. SHAHIN Advocate for the Respondent : DY.S.G.I., MR. A K DUTTA Linked Case : Arb.P./28/2022 PRADIP CHOUDHURY SOLE PROPRIETOR OF M/S JOY ENTERPRISE S/O KRISHNA KANTA CHOUDHURY R/O PANDAPARA P.O. AND DIST-JALPAIGURI PIN-735101 WEST BENGAL VERSUS UNION OF INDIA AND 4 ORS REPRESENTED BY THE GENERAL MANAGER N.F. RAILWAY MALIGAON GUWAHATI-781011 2:THE GENERAL MANAGER/CON N.F. RAILWAY MALIGAON GUWAHATI-781011 3:THE CHIEF ENGINEER/CON N.F. RAILWAY MALIGAON GUWAHATI-781011 4:THE DEPUTY CHIEF ENGINEER/CON N.F. RAILWAY MALIGAON GUWAHATI-781011 5:THE DEPUTY CHIEF ENGINEER/CON N.F. RAILWAY NEW JALPAIGURI WEST BENGAL ------------ Advocate for : MR. R HUSSAIN Page No.# 3/4 Advocate for : DY.S.G.I. appearing for UNION OF INDIA AND 4 ORS BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA