Gauhati High Court
Hindusthan Earthmovers vs T K Engineering Consortium ... on 28 August, 2023
Page No.# 1/4
GAHC010181472023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP(IO)/267/2023
HINDUSTHAN EARTHMOVERS
A SOLE PROPRIETORSHIP CONCERN HAVING ITS LOCAL PRINCIPAL
OFFICE AT ASSAM TRUNK ROAD, TOKOBARI, OPPOSITE MAHAVIR
BHAWAN, DISTRICT- KAMRUP(M), GUWAHATI- 781001, AND ITS HEAD
OFFICE AT P-27, PRINCEP STREET, 2ND FLOOR, P.S.-- BOWBAZAR,
KOLKATA- 700072 REPRESENTED BY ITS SOLE PROPRIETOR DILIP
BANSAL
VERSUS
T K ENGINEERING CONSORTIUM PRIVATE LIMITED AND 6 ORS
A COMPANY HAVING ITS LOCAL PRINCIPAL OFFICE AT GAMES VILLAGE,
BLOCK-A3, FLAT NO.- 202, BELTOLA, P.S.- BASISTHA, GUWAHATI- 781029
AND ITS REGISTERED OFFICE AT MODEL VILLAGE, P.O. AND P.S.-
NAHARLAGUN, DIST.- PAPUM PARE, PIN- 791110, ARUNACHAL PRADESH.
2:PRADIP KUMAR ROY
VICE PRESIDENT OF RESPONDENT NO. 1 COMPANY CARRYING ON ITS
PROFESSION INTER-ALIA FROM GAMES VILLAGE
BLOCK- A3
FLAT NO. 202
BELTOLA
P.S.- BASISTHA
GUWAHATI- 781029
AND RESIDENT OF FLAT NO. 204
BLOCK-A3
GAMES VILLAGE
BELTOLA
PS- BASISTHA
PIN- 791110.
3:RATU TECHI
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MANAGING DIRECTOR OF DEFENDANT NO. 1 COMPANY CARRYING ON
HIS BUSINESS INTER-ALIA FROM GAMES VILLAGE
BLOCK- A3
FLAT NO. 202
BELTOLA
PS- BASISTHA
GUWAHATI- 781029
AND RESIDENT OF MODEL VILLAGE
NAHARLAGUN
P.O. AND P.S.- NAHARLAGUN
DIST.- PAPUMPARE
ARUNACHAL PRADESH
PIN- CODE- 791110.
4:TECHI TARA
DIRECTOR OF DEFENDANT NO. 1 COMPANY CARRYING ON HIS
BUSINESS INTER-ALIA FROM GAMES VILLAGE
BLOCK- A3
FLAT NO. 202
BELTOLA
PS- BASISTHA
GUWAHATI- 781029
AND RESIDENT OF MODEL VILLAGE
NAHARLAGUN
P.O. AND P.S.- NAHARLAGUN
DIST.- PAPUMPARE
ARUNACHAL PRADESH
PIN- CODE- 791110.
5:TECHI JULLY
DIRECTOR OF DEFENDANT NO. 1 COMPANY CARRYING ON HIS
BUSINESS INTER-ALIA FROM GAMES VILLAGE
BLOCK- A3
FLAT NO. 202
BELTOLA
PS- BASISTHA
GUWAHATI- 781029
AND RESIDENT OF MODEL VILLAGE
NAHARLAGUN
P.O. AND P.S.- NAHARLAGUN
DIST.- PAPUMPARE
ARUNACHAL PRADESH
PIN- CODE- 791110.
6:TECHI TOTU
CONTROLLING PERSON OF DEFENDANT NO. 1 COMPANY CARRYING ON
HIS BUSINESS INTER-ALIA FROM GAMES VILLAGE
BLOCK- A3
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FLAT NO. 202
BELTOLA
PS- BASISTHA
GUWAHATI- 781029
AND RESIDENT OF MODEL VILLAGE
NAHARLAGUN
P.O. AND P.S.- NAHARLAGUN
DIST.- PAPUMPARE
ARUNACHAL PRADESH
PIN- CODE- 791110.
7:KISHORE KUMAR SENAPATAHI
CHIEF FINANCIAL OFFICER OF DEFENDANT NO. 1 COMPANY CARRYING
ON ITS PROFESSION FROM INTER-ALIA FROM GAMES VILLAGE
BLOCK- A3
FLAT NO. 202
BELTOLA
PS- BASISTHA
GUWAHATI- 781029
AND RESIDENT OF MODEL VILLAGE
NAHARLAGUN
P.O. AND P.S.- NAHARLAGUN
DIST.- PAPUMPARE
ARUNACHAL PRADESH
PIN- CODE- 791110
Advocate for the Petitioner : MR G N SAHEWALLA
Advocate for the Respondent :
BEFORE
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
28.08.2023
Heard Mr. G N Sahewalla, learned senior counsel appearing for the petitioners.
Mr. Sahewalla submits that after 120 days, the defendant nos. 1 and 6 are not
entitled to file their written statement. Even then, after about one year, their written
statement was accepted by the court.
Mr. Sahewalla has relied upon the judgment of the Supreme Court that was
rendered in the case of SCG Contracts (India) Private Limited vs. K.S. Chankar
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Infrastructure Private Limited, reported in (2019) 12 SCC 210.
Issue Notice.
Petitioners shall take steps for service of notice on the respondents by
registered post with A/D and other usual process.
List after four weeks.
Till returnable date, further proceeding of Commercial Suit No. 24/2022 pending
in the court of the learned Civil Judge No. 3, Kamrup (M) shall remain stayed.
JUDGE
Comparing Assistant
