Gauhati High Court
Sumcon Infraventures Llp vs The Union Of India And 10 Ors on 2 May, 2023
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GAHC010085862023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2168/2023
SUMCON INFRAVENTURES LLP
A LIMITED LIABILITY PARTNERSHIP FIRM,
HAVING ITS REGISTERED OFFICE AT ROOM NO. 10P,
GROUND FLOOR, SARVAMANGALA HOUSE,
5, DR. RAJENDRA PRASAD SARANI,
KOLKATA- 700001 AND IS REPRESENTED BY ITS DULY AUTHORIZED
PARTNER SHRI ANUJ SINGHANIA,
SON OF RAJ KUMAR SINGHANIA,
AGED ABOUT 30 YEARS,
RESIDENT OF PRANTIK RESIDENCY (FLAT NO. 7D),
157, VINOBA BHAVE ROAD, KOLKATA- 700038.
VERSUS
THE UNION OF INDIA AND 10 ORS.
REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA,
MINISTRY OF RAILWAYS,
NEW DELHI- 110001.
2:NORTHEAST FRONTIER RAILWAY
REPRESENTED BY ITS GENERAL MANAGER
N.F. RAILWAY
MALIGAON
GUWAHATI- 781011.
3:THE CHIEF ENGINEER/ CON-V
N.F. RAILWAY
MALIGAON
GUWAHATI- 781011.
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4:THE GENERAL MANAGER
N.F. RAILWAY
MALIGAON
GUWAHATI- 781011.
5:THE RAILWAY BOARD
MINISTRY OF RAILWAYS
REPRESENTED BY ITS CHAIRMAN
RAIL BHAWAN 1
RAISINA ROAD
NEW DELHI- 110001.
6:THE CHAIRMAN
THE RAILWAY BOARD
MINISTRY OF RAILWAYS
RAIL BHAWAN 1
RAISINA ROAD
NEW DELHI- 110001.
7:THE EXECUTIVE DIRECTOR-CIVIL ENGINEER(G)
THE RAILWAY BOARD
MINISTRY OF RAILWAYS
RAIL BHAVAN 1
RAISINA ROAD
NEW DELHI- 110001.
8:RITES LIMITED
HAVING ITS REGISTERED OFFICE AT SCOPE MINAR
LAXMI NAGAR
DELHI- 110092
HAVING ITS REGIONAL PROJECT OFFICE AT- 40/424
RAJAT SHREE HOUSE
1ST FLOOR
NEAR SBI KOTRA ROAD
RAJGARH- 496001
REPRESENTED BY ITS ADDITIONAL GENERAL MANAGER(CIVIL).
9:THE ADDITIONAL GENERAL MANAGER (CIVIL)
RITES LIMITED
HAVING ITS REGISTERED OFFICE AT SCOPE MINAR
LAXMI NAGAR
DELHI- 110092
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HAVING ITS REGIONAL PROJECT OFFICE AT 40/424
RAJAT SHREE HOUSE
1ST FLOOR
NEAR SBI KOTRA ROAD
RAJGARH- 496001.
10:THE MANAGER (CIVIL)
RITES LIMITED
HAVING ITS REGISTERED OFFICE AT SCOPE MINAR
LAXMI NAGAR
DELHI- 110092
HAVING ITS REGIONAL PROJECT OFFICE AT 40/424
RAJAT SHREE HOUSE
1ST FLOOR
NEAR SBI KOTRA ROAD
RAJGARH- 496001.
11:M/S. AVIJANTRIK INFRATECH PRIVATE LIMITED
HOUSE NO. 239
WARD NO.- 04
P.O. AND P.S.- CHAPAR
DISTRICT- DHUBRI
ASSAM
REPRESENTED BY ITS AUTHORIZED SIGNATORY
SRI SUBHAMAY KARMAKAR
S/O- LATE SANKAR KARMAKAR
RESIDENT OF- CHAPAGURI ROAD
NORTH BONGAIGAON
P.O. AND DISTRICT- BONGAIGAON
ASSAM
Advocate for the Petitioner : MR G N SAHEWALLA
Advocate for the Respondent : DY.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 02-05-2023
Heard Mr. GN Sahewalla, learned senior counsel assisted by Mr. M
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Sahewalla, learned counsel for the petitioner.
The petitioner has challenged the order of blacklisting against the Joint
Venture, namely M/s Avijantrik Infratech Private Limited and the petitioner. The
petitioner i.e., Sumcon Infraventures LLP claim is that it was never a constituent
of the Joint Venture with the M/s Avijantrik Infratech Private Limited. The
petitioner's counsel relies upon para 14 of the judgment and order dated
11.04.2023 passed in WP(C) 7057/2021, in support of his submission that the
petitioner did not enter into any Joint Venture. Further, M/s Avijantrik Infratech
Private Limited had submitted forged documents showing it had entered into a
Joint Venture with the petitioner, to enable it to be eligible to submit its bid in
response to NIT dated 27.06.2019.
On the other hand, Mr. H Gupta, learned CGC submits that the Railway
Board has issued a letter dated 13.04.2023 to the Chief Administrative Officer
(Cons.) Northeast Frontier Railway, asking him to clarify under what
circumstances, Zonal Railway had come to the conclusion for revoking the
banning of business against the petitioner and whether any investigation had
been carried out before making such a decision. The above letter dated
13.04.2023 has been made in pursuance to the letter dated 17.03.2023 issued
by the Chief Engineer/CON-I/NF Railway. It is noticed that considerable delay
has been made by the Chief Administrative Officer (Cons.) Northeast Frontier
Railway in making a reply to the Railway Board letter dated 13.04.2023.
Last chance is given to the respondents to take a decision in pursuance to
the Railway Board letter dated 13.04.2023 addressed to the Chief Administrative
Officer (Cons.) Northeast Frontier Railway.
In the event, no decision is made by the Railway Board due to any lapse by
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the Northeast Frontier Railway, the matter may be decided on the basis of
materials on record on the next date.
List the matter on 11.05.2023.
JUDGE
Comparing Assistant
