Gauhati High Court
Assam Power Distribution Company ... vs Smti Monjushree Nath And Ors on 29 August, 2025
Author: Sanjay Kumar Medhi
Bench: Sanjay Kumar Medhi
Page No.# 1/4
GAHC010135252025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4995/2025
ASSAM POWER DISTRIBUTION COMPANY LIMITED AND ANR
HAVING ITS HEAD OFFICE AT BIJULEE BHAWAN, PALTANBAZAR,
GUWAHATI-781001, DIST. KAMRUP(M), ASSAM,
AND REP. BY ITS ASSTT. GENERAL MANAGER (LAW) ,
VERSUS
SMTI MONJUSHREE NATH AND ORS
W/O- LATE SANJAY NATH, R/O- COLLEGE ROAD (NORTH), P.O- SILCHAR,
PIN-788001, ASSAM
2:SONDUTTA NATH
D/O- LATE SANJAY NATH
R/O- COLLEGE ROAD (NORTH)
P.O- SILCHAR
PIN-788001
ASSAM
3:DEBJYOTI NATH
S/O- LATE SANJAY NATH
R/O- COLLEGE ROAD (NORTH)
P.O- SILCHAR
PIN-788001
ASSAM
4:UNION OF INDIA
CHAIRMAN DCC AND SECRETARY (T)
REP. BY CHAIRMAN DCC AND SECRETARY (T)
MINISTRY OF TELECOMMUNICATIONS
SANCHAR BHAWAN
20
ASHOKA ROAD
NEW DELHI-01
Page No.# 2/4
5:DEPARTMENT OF TELECOMMUNICATIONS
GOVT. OF INDIA
THROUGH ITS DIRECTOR
SANCHAR BHAWAN
20
ASHOKA ROAD
NEW DELHI-01
6:BHARAT SANCHAR NIGAM LIMITED
REP. BY ITS CHAIRMAN-CUM- MANAGING DIRECTOR
HARISH CHANDRA MATHUR LANE JANPATH
NEW DELHI-01
7:CHIEF GENERAL MANAGER
BSNL
ULUBARI
GUWAHATI
ASSAM
PIN-781007
8:GENERAL MANAGER
JORHAT TELECOM DISTRICT BSNL
JORHAT
PIN-785001
ASSA
Advocate for the Petitioner : MR BHARGAV DAS, MR B CHOUDHURY,MR. K P
PATHAK,MR. P N GOSWAMI,SC, APDCL
Advocate for the Respondent : SC, BSNL, DY.S.G.I.
Page No.# 3/4
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
29-08-2025
Heard Shri B. Das, learned counsel for the petitioners who have filed this
application against an order dated 19.03.2025 passed by the National Consumer
Disputes Redressal Commission (NCDRC) in First Appeal No. 1002 of 2022. By
the aforesaid impugned order the petitioners have been saddled with payment
of compensation which according to the petitioners is unreasonable and not
legally sustainable.
On the aspect of the scope to approach a writ Court against the order
passed by the NCDRC in its appellate jurisdiction, the learned counsel has relied
upon the judgment of Universal Sompo General Insurance Company
Limited Vs Suresh Chand Jain and Anr. reported in (2024) 9 SCC 148 in
which the Hon'ble Supreme Court, after referring to the cases holding the field
including the case of L. Chandra Kumar v. Union of India, AIR 1997 SC
1125 has laid down that a writ petition against such an order would be
maintainable.
Let notice be issued, returnable by 6 (six) weeks.
Shri S. S. Roy, learned State Counsel accepts notice on behalf of respondent
nos. 4 & 5. Extra copies of the writ petition be served upon him within 2 (two)
working days.
Steps for service of notice upon the respondent nos. 1, 2, 3, 6, 7 & 8 be
taken by registered post with A/D steps within 2 (two) working days.
Page No.# 4/4
Shri Das, the learned counsel prays for and is granted liberty to file
appropriate application for impleadment of parties.
Liberty is also prayed for and is granted to file application for interim order
as in this petition, there is no sufficient averments regarding any execution
proceedings. The learned counsel has however orally informed that the
execution proceeding has started and the next date is fixed on 01.09.2025. The
petitioners are at liberty to file appropriate application before the Executing
Court informing the present case and pray for time so as to able to petitioners
to file appropriate application in this case for interim orders.
JUDGE
Comparing Assistant
