Sipl Infracon v. The Union of India and 5 Ors

ORDER Date : 13.11.2024

Heard Mr. S.K. Ghosh, tte learned counsel appearing on behalf of the petitioner and Mr. P.K. Tiwari, the learned Senior Counsel assisted by Ms. D. Mahanta, the learned counsel appearing on behalf of the National Hydroelectric Power Corporation.

¶2The instant writ petition was initially filed challenging the suspension notice dated 17.08.2023. Pursuant thereto, an order had been passed on

08.01.2024 whereby the petitioner had been banned from business dealings. Page No.# 3/3

¶3Mr. S.K. Ghosh, the learned counsel appearing on behalf of the petitioner submits that an appeal thereupon was filed on 24.01.2024, which is presently pending. He has further instructions from his client that the petitioner would not like to further press the instant writ petition rather the petitioner would like to avail the appellate remedy which has already been initiated by filing of an appeal.

¶4He therefore, submits that the writ petition be closed on withdrawal with appropriate directions that the appeal be disposed of within a time frame, taking into account that banning of business vide the impugned order dated

08.01.2024 amounts to civil death.

¶5Mr. P.K. Tiwary, the learned Senior Counsel appearing on behalf of the respondent No. 2, submitted that the respondent No. 2 would duly take appropriate steps for disposal of the appeal at the earliest.

¶6Taking into account the above, the instant writ petition stands closed on withdrawal.

¶7This Court further observes and directs the respondent No. 3, who is the Appellate Authority, to dispose of the said appeal at the earliest by giving an opportunity of hearing to the petitioner.

¶8The same be done preferably within a period of 2(two) months from the date a certified copy of the instant order is served upon the respondent No. 3. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010208922023 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5404/2023o SIPLoINFRACONo HAVINGoITSoREGISTEREDoOFFICEoAToSRIoKRISHNAoNAGAR,oBELAoROAD,o P.O.oRAMNA,oDISTRICT-oMUZAFFARPUR,oBIHAR-o842002oANDo REPRESENTEDoBYoONEoOFoITSoPARTNERS,oSHRIoPRASHANToSAURABH,o AGEDoABOUTo49oYEARS,oSONoOFoLATEoCHANDESHWARoPRASADo SHARMA,oAoRESIDENToOFoSHRIoKRISHNAoNAGAR,oP.O.oANDoP.S.-oBELA,o DISTRICT-oMUZAFFARPUR,oBIHAR. VERSUSo THEoUNIONoOFoINDIAoANDo5oORSo REPRESENTEDoBYoTHEoMINISTRYoOFoPOWER,oNEWoDELHI-06. 2:THEoNATIONALoHYDROoELECTRICoPOWERoCORPORATIONoPRIVATEoLTD. (NHPC) oREPRESENTEDoBYoITSoCHAIRMANoCUMoMANAGINGoDIRECTOR oFARIDABAD oHARYANA.oPIN-o121003. 3:THEoEXECUTIVEoDIRECTOR oSUBANSIRIoLOWERoH.E.oPROJECTo oGERUKAMUKH oDISTRICT-oDHEMAJI oASSAM oPIN-o787035. 4:THEoGENERALoMANAGERo(PoANDoC) oSUBANSIRIoLOWERoH.E.oPROJECTo oGERUKAMUKH oDISTRICT-oDHEMAJI Page No.# 2/3 ASSAM PIN- 787035. 5:THE GROUP SENIOR MANAGER (P AND C) SUBANSIRI LOWER H.E. PROJECT GERUKAMUKH DISTRICT- DHEMAJI ASSAM PIN- 787035. 6:THE ELECTRICAL SUPPLY ENGINEER ELECTRIC SUPPLY CIRCLE MUZZAFFARPUR NORTH BIHAR POWER DISTRIBUTION COMPANY LIMITED HAVING ITS REGISTERED OFFICE AT VIDYUT BHAWAN BAILEY ROAD PATNA BIHA For the Petitioner(s) : Mr. S.K. Ghosh, Advocate For the Respondent(s) : Mr. P.K. Tiwari, Sr. Advocate Ms. D. Mahanta, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH