M/S Ashutosh Bandyopadhay v. The Union of India and Ors

HIGH COURT OF TRIPURA AGARTALA

WP(C) No.378 of 2025

M/s Ashutosh Bandyopadhay, a registered Partnership Firm, having its registered office at Joynagar, Hariganga Basak Road, Agartala, Tripura, PIN-799001, constituted by its partners, namely:-

¶1Sri Ashutosh Badhyopadhay, son of Late Rajendra Bandhyopadhay,

¶2Sri Saikat Bandyopadhay, son of Sri Ashutosh Bandyopadhay,

¶3Smt. Rita Banerjee, wife of Sri Ashutosh Bandyopadhay,

¶4Smt. Tulika Banerjee (Gupta), wife of Sri Saikat Bandyopadhay. All of them are having their registered offices at Joynagar, Hariganga Basak Road, Agartala, Tripura-799001; Represented by their constituted Attorney, Sri Saikat Bandyopadhay, son of Sri Ashutosh Bandyopadhay having his registered office at Joynagar, Hariganga Basak Road, Agartala, Tripura-799001. .........Petitioner(s); Versus

¶1The Union of India, represented by its Secretary, Department of Finance, Government of India, having his office at South Block, New Delhi, PIN-1100001.

¶2The Secretary, Department of Finance, Government of India, having his office at South Block, New Delhi, PIN-1100001 .........Union Respondent(s)

¶3The State of Tripura, represented by the Commissioner & Secretary, Revenue Department, Government of Tripura, having his office at Secretariat Building, Pandit Nehru Complex, P.O. Kunjaban, P.S. New Capital Complex, Sub Division-Agartala, District-West Tripura, PIN-799006.

¶4The Commissioner & Secretary, Revenue Department, Government of Tripura, having his office at Secretariat Building, Pandit Nehru Complex, P.O. Kunjaban, P.S. New Capital Complex, Sub Division-Agartala, District-West Tripura, PIN-799006.

¶5The Commissioner of Goods & Service Tax, Government of Tripura, having his office at Secretariat Building, P.O. Kunjaban, P.S. New Capital Complex, Sub Division-Agartala, District-West Tripura, PIN-799006.

¶6The Assistant Commissioner, Department of Revenue, CGST Tripura Division-1, Agartala, having his office at Jackson Gate Building, 3rd Floor, Lenin Sarai, Sub Division-Sadar, District-West Tripura, PIN-799001.

¶7The Superintendent, Central Goods & Service Tax Range, Agartala-II, having his office at Jackson Gate Building, 3rd Floor, Lenin Sarai, Sub Division-Sadar, District-West Tripura, PIN-799001. .........State Respondent(s)

¶8Engineering Projects (India) Limited, represented by its Deputy General Manager, having his office at Bijoy Kumar Chowmuhani, P.O. Agartala, P.S. West Agartala, Sub Division-Sadar, District-West Tripura, PIN-799001.

¶9Deputy General Manager, Engineering Projects (India) Limited, having his office at Bijoy Kumar Chowmuhani, P.O. Agartala, P.S. West Agartala, Sub Division-Sadar, District-West Tripura, PIN-799001. .........EPIL Respondent(s)

¶10ONGC Tripura Power Company Ltd., having its registered office at 10th Floor, Core 4 and Central, Scope Minar, Laxmi Nagar, Delhi-110092. .........OTPC Respondent(s) For Petitioner(s)

: Mr. Somik Deb, Sr. Advocate,

Mr. Panna Lal Debbarma, Advocate.

For Respondent(s) : Mr. Bidyut Majumder, Deputy SGI,

Mr. P. Gautam, Sr. G.A.,

Mr. Kohinoor Narayan Bhattacharyya, G.A.

HON'BLE THE CHIEF JUSTICE MR. M.S. RAMACHANDRA RAO HON'BLE MR. JUSTICE S. DATTA PURKAYASTHA Order

05/08/2025

Heard both sides.

Since the petitioner has an effective alternative remedy of arbitration against Engineering Projects (India) Limited [Respondent No.8] as per Clause 76 of the GCC, granting liberty to the petitioner to avail the said remedy, this writ petition is disposed of without expressing any opinion on merits of the contentions of the parties.

(S. DATTA PURKAYASTHA, J) (M.S. RAMACHANDRA RAO, CJ)

Pijush/ MUNNA SAHA Date: 2025.08.06 16:22:53 +05'30'