Gauhati High Court
Page No.# 1/6 vs The Union Of India And 3 Ors on 5 June, 2025
Author: Michael Zothankhuma
Bench: Michael Zothankhuma
Page No.# 1/6
GAHC010015092015
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3311/2015
M/S CENTURY MERCHANTILE PVT. LTD. and 17 ORS.
A PVT. LTD. COMPANY INCORPORATED UNDER COMPANIES ACT, 1956
AND HAVING ITS REGISTERED OFFICE AT BAJORIA COMPLEX, 1ST
FLOOR, T.R. PHOOKAN ROAD, FANCY BAZAR, GHY- 12, ASSAM AND IS
REP. BY ITS MANAGING DIRECTOR, SHRI PRAKASH CHAND KABRA, S/O-
LT. RAM KARAN KABRA, R/O- KABRA BHAWAN, B.R. PHOOKAN ROAD,
GUWAHATI IN THE DIST. OF KAMRUP, ASSAM.
2: M/S CTA LOGISTICS LTD.
A PRIVATE LIMITED COMPANY INCORPORATED UNDER THE COMPANIES
ACT
1956 AND HAVING ITS REGISTERED OFFICE AT A.T. ROAD
BHARALUMUKH
GUWAHATI -781009 AND ITS HEAD OFFICE AT 5G
CRESCENT TOWER
229 AJC BOSE ROAD
KOLKATA AND IS REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE
SHRI KANHAIYA LAL BOTHRA
SON OF LATE BHANWAR LAL BOTHRA
RESIDENT OF A.T. ROAD
BHARALUMUKH
GUWAHATI IN THE DISTRICT OF KAMRUP
ASSAM.
3: Patanjali Foods Limited.
Ruchi House
Royal Palms
Survey No. 169
Aarey Milk Colony
near Mayur Nagar
Goregaon (East )
Mumbai
Maharashtra
India 400065
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4: M/S GAUHATI ROLLER FLOUR MILLS
A PRIVATE LIMITED COMPANY INCORPORATED UNDER THE COMPANIES
ACT
1956 AND HAVING ITS REGISTERED OFFICE AND ITS HEAD OFFICE AT
G.S. ROAD
P.O. DISPUR
GUWAHATI -781005 AND IS REPRESENTED BY ITS AUTHORIZED
REPRESENTATIVE
SHRI AJIT BAJNI.
5: M/S BRIJHORA ROLLER FLOUR MILLS PVT. LTD.
A PRIVATE LIMITED COMPANY INCORPORATED UNDER THE COMPANIES
ACT
1956 AND HAVING ITS REGISTERED OFFICE AND ITS HEAD OFFICE AT
G.S. ROAD
P.O. DISPUR
GUWAHATI-781005 AND IS REPRESENTED BY ITS AUTHORIZED
REPRESENTATIVE
SHRI AJIT BAJNI.
6: SHREE GANESH FLOUR MILLS
A UNIT OF ITYADI INDIA PVT. LTD.
A PRIVATE LIMITED COMPANY INCORPORATED UNDER THE COMPANIES
ACT
1956 AND HAVING ITS REGISTERED OFFICE AND ITS HEAD OFFICE AT
BYE LANE NO. 2
INDUSTRIAL ESTATE
BAMUNIMAIDAN
GUWAHATI- 781021.
7: M/S PURBANCHAL ENTERPRISES
A REGISTERED PARTNERSHIP CONCERN HAVING ITS OFFICE AT S.N.
MOUR MARKET
T.R.P. ROAD
FANCY BAZAR
GUWAHATI- 781001 IN THE DISTRICT OF KAMRUP
ASSAM AND IS REPRESENTED BY ITS DULY AUTHORIZED
REPRESENTATIVE
SRI NIRMAL KUMAR JAIN.
8: BRAHMAPUTRA FLOUR MILLS
A REGISTERED PARTNERSHIP CONCERN HAVING ITS OFFICE AT
NOONMATI
GUWAHATI -781020 IN THE DISTRICT OF KAMRUP
ASSAM AND IS REPRESENTED BY ITS DULY AUTHORIZED
REPRESENTATIVE
SRI PRABHU DAYAL SHARMA.
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9: RAJASTHAN FOOD GRAIN STORE
A REGISTERED PARTNERSHIP CONCERN HAVING ITS OFFICE AT BARA
BAZAR
SHILLONG AND IS REPRESENTED BY ITS DULY AUTHORIZED
REPRESENTATIVE
SRI PANALALJILUNIA.
10: M/S MANDAL AND BROTHERS
A REGISTERED PARTNERSHIP CONCERN HAVING ITS OFFICE AT
RADHARANI MARKET
T.R.P. ROAD
FANCY BAZAR
GUWAHATI -781001
ASSAM AND ITS HEAD OFFICE AT 5N
BIDHAN NAGAR ROAD
ULTADANGE
KOLKATA
WEST BENGAL AND IS REPRESENTED BY ITS DULY AUTHORIZED
PARTNER
SRI NABA KUMAR MANDAL.
11: SHREE MAHALAXMI MILLS
A REGISTERED PARTNERSHIP CONCERN HAVING ITS HEAD OFFICE AND
REGISTERED OFFICE AT M.G. ROAD
FANCY BAZAR
GUWAHATI - 781001 AND IS REPRESENTED BY ITS DULY AUTHORIZED
REPRESENTATIVE
SRI AJAY KUMAR DHANUKA.
12: CHORADIA AND SONS
A PROPRIETORSHIP CONCERN
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT B-7
H.M. MARKET
T.R.P. ROAD
FANCY BAZAR
GUWAHATI
ASSAM AND IS REPRESENTED BY ITS PROPRIETOR
SHRI KAMAL CHORADIA.
13: KARIMGANJ SARAOGI TRADING CO.
A PROPRIETORSHIP CONCERN
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT EAST MARKET
KARIMGANJ
ASSAM AND IS REPRESENTED BY ITS PROPRIETOR
SHRI AJAY KUMAR JAIN.
14: S.S. ENTERPRISES
Page No.# 4/6
A PROPRIETORSHIP CONCERN
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT OLD DHANUKA
BUILDING
T.R.P. ROAD
FANCY BAZAR
GUWAHATI -781001
ASSAM AND IS REPRESENTED BY ITS PROPRIETOR
SHRI SURYA PRAKASH AGARWAL.
15: GANGH AND SONS
A PROPRIETORSHIP CONCERN
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT T.R.P. ROAD
FANCY BAZAR
GUWAHATI- 781001
ASSAM AND IS REPRESENTED BY ITS PROPRIETOR
SHRI BHUSHAN KUMAR JAIN.
16: M/S C.S. ENTERPRISES
A PROPRIETORSHIP CONCERN
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 2ND FLOOR
RADHA RANI MARKET
T.R.P. ROAD
FANCY BAZAR
GUWAHATI -781001
ASSAM AND IS REPRESENTED BY ITS PROPRIETOR
SHRI SITARAM BIHANI.
17: VIKASH TRADING CO.
A PROPRIETORSHIP CONCERN
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT RADHA RANI
MARKET
T.R.P. ROAD
FANCY BAZAR
GUWAHATI 781001
ASSAM AND IS REPRESENTED BY ITS PROPRIETOR
SHRI PARAM HANSH PANDEY.
18: LAXMINARAYAN AJIT KUMAR JAIN
A HUF
HAVING ITS REGISTERED OFFICE AT R. NO. 7
1ST FLOOR
H.M. MARKET
T.R.P. ROAD
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FANCY BAZAR
GUWAHATI
ASSAM AND ITS HEAD OFFICE AT EAST MARKET
KARIMGANJ
ASSAM AND IS REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE
SHRI AJAY KUMAR JAIN
VERSUS
THE UNION OF INDIA and 3 ORS
MINISTRY OF RAILWAYS, RAILWAY BOARD, REP. BY ITS SECY., RAIL
BHAWAN, NEW DELHI.
2:THE CHIEF COMMERCIAL MANAGER
NORTH EASTERN FRONTIER RAILWAY
P.O. MALIGAON
GUWAHATI-11.
3:THE SENIOR DIVISIONAL COMMERCIAL MANAGER
LUMDING.
4:THE COMMERCIAL SUPERVISOR (GOODS)
NORTHEAST FRONTIER RAILWAY
NEW GUWAHATI
ASSAM
Advocate for the Petitioner : MR.P DEKA, MR.D SENAPATI,MD.ASLAM,MR.A
CHETIA,MR.G N SAHEWALLA
Advocate for the Respondent : SC, RAILWAY, ,,MR B N GOGOI(R- 1 to 4),
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 05.06.2025
Heard Mr. G. N. Sahewalla, learned Senior counsel, assisted by Mr. H. K.
Sarma, learned counsel for the petitioners. Also heard Dr. B. N. Gogoi, learned
Standing Counsel, NF Railway.
Page No.# 6/6
Hearing concluded.
Judgment reserved.
JUDGE
Comparing Assistant
