Gauhati High Court
M/S Simplex Infrastructure ... vs National Highway Authority Of ... on 25 November, 2021
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GAHC010188792021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5957/2021
M/S SIMPLEX INFRASTRUCTURE LIMITED
A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING
ITS REGISTERED OFFICE AT SIMPLEX HOUSE, 27, SHAKESPEARE SARANI,
KOLKATA-700017 AND IS REPRESENTED BY ITS DULY AUTHORIZED
REPRESENTATIVE MS. DEEPTARA DUTTA, PRESENTLY SERVING AS
ASSISTANT GENERAL MANAGER AND RESIDING AT NIRUPAMA NIWAS,
KAHILIPARA ROAD, GUWAHATI, KAMRUP(M), ASSAM
VERSUS
NATIONAL HIGHWAY AUTHORITY OF INDIA AND 5 ORS.
REPRESENTED BY ITS CHAIRMAN, G 5 AND 6, SECTOR-10, DWARKA, NEW
DELHI-110075
2:THE GENERAL MANAGER-NE
NATIONAL HIGHWAY AUTHORITY OF INDIA
G 5 AND 6
SECTOR-10
DWARKA
NEW DELHI-110075
3:THE REGIONAL OFFICER-NE
NATIONAL HIGHWAYS AUTHORITY OF INDIA
GUWAHATI
NEDFI HOUSE
4TH FLOOR
G.S. ROAD
DISPUR
GUWAHATI-781006
ASSAM
4:THE PROJECT DIRECTOR
NATIONAL HIGHWAYS AUTHORITY OF INDIA
GUWAHATI
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HOUSE NO 1
1ST FLOOR
DILIP HUJURI PATH
NEAR BAGESHWARI MANDIR
SARUMOTORIA
GUWAHATI-781006
ASSAM
5:TELECOMMUNICATIONS CONSULTANTS INDIA LTD AND MBL
INFRASTRUCTURES LTD (TCIL-MBL) (JV)
HAVING ITS REGISTERED OFFICE AT BAANI CORPORATE ONE
SUITE NO 308
3RD FLOOR
PLOT NO 5
COMMERCIAL CENTRE
JASOLA
NEW DELHI-110025
6:MBL INFRASTRUCTURE LTD
HAVING ITS REGISTERED OFFICE AT 2/3
JUDGES COURT ROAD
DIVINE BLISS
1ST FLOOR
KOLKATA-70002
Advocate for the Petitioner : MR G N SAHEWALLA
Advocate for the Respondent : SC, NHAI
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
25-11-2021
Heard Mr. G. N. Sahelwalla, learned Senior counsel assisted by Ms. S. Todi, learned
counsel for the petitioner and Mr. C. Baruah, learned Standing counsel, NHAI for the
respondent Nos. 1 to 4.
Mr. D. Das, learned Senior counsel assisted by Mr. K. Talukdar, learned counsel has
entered appearance on behalf of the respondent Nos. 5 and 6.
During deliberation of the matter Mr. D. Das, learned Senior counsel for the respondent
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Nos. 5 and 6 placed before the Court that the claim of the petitioner for its share as sub
contractor of the respondent Nos. 5 and 6 are of 2007-09 which is disputed by those two
respondents and further placed a copy of the judgment dated 13.04.2021 passed by the
Hon'ble Apex Court in the case of Ghanashyam Mishra and Sons Private Limited Vs. Edelweiss
Asset Reconstruction Company Limited reported in 2021 SCC Online SC 313 more particularly,
paragraph-95 of the said judgment.
Mr. Das, learned Senior counsel for the respondent Nos. 5 and 6 submits that the
petitioner without placing the relevant facts obtained the order dated 12.11.2021.
On instruction of the respondent NHAI dated 24.11.2021 Mr. Baruah, learned Standing
counsel, NHAI submitted that as of today an amount of Rs.4 Crores is outstanding to the
respondent No. 5 Company.
The respondent Nos. 5 and 6 shall file its affidavit in the matter on or before 02.12.2021
serving copy of the same on the learned counsel for the petitioner. Thereafter, the petitioner
may file reply to such affidavit of the respondent on or before 08.12.2021, if so advised.
List this matter on 10.12.2021.
Till then (i.e., 10.12.2021) the interim order passed earlier on 12.11.2021 shall remain
in force.
JUDGE
Comparing Assistant
