Amrit Dowerah vs Tata Tea Ltd And 2 Ors
2025 Latest Caselaw 5634 Gua

Gauhati High Court

Amrit Dowerah vs Tata Tea Ltd And 2 Ors on 23 June, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                   Page No.# 1/3

GAHC010134792025




                                                            undefined

                         THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                           Case No. : CRP(IO)/230/2025

          AMRIT DOWERAH
          S/O LATE HARI PRASAD DOWERAH, R/O LONGJONG GAON, P.O. AND P.S.-
          NAHARKATIA, DIST- DIBRUGARH, ASSAM, PIN-786610



          VERSUS

          TATA TEA LTD AND 2 ORS
          REGISTERED OFFICE AT BISPOPLOFRAY ROAD, KOLKATA, WEST
          BENGAL, PIN-700020

          2:THE AMALGAMATED TEA COMPANY ESTATE COMPANY
          A LIMITED LIABILITY COMPANY INCORPORATED IN ENGLAND AND ITS
          PRINCIPAL OFFICE IN KOLKATA CARRYING ON BUSINESS OF TEA
          PLANTATION AND MANUFACTURE IN INDIA AND OWNING AMONGST
          OTHERS NAHARKATIA TEA ESTATE
           P.O.- NAHARKATIA
           DIST- DIBRUGARH
          ASSAM-786610

          3:TEA FIN LAY LIMITED
          A COMPANY INCORPORATED IN INDIA AND HAVING ITS REGD. OFFICE
          AT BOMBAY HOUSE
           34 HOMY REDY STREET
           FORT
           BOMBAY-400023
           CARRYING ON TEA PLANTATION AND MANUFACTURE AND OWNING
          AMONGST OTHERS NAHARKATIA TEA ESTATE
           P.O.- NAHARKATIA
           DIST- DIBRUGARH
          ASSAM-78661

For the petitioner (s)   : Mr. B. K. Das, Advocate
                                                                 Page No.# 2/3


For the respondent (s) : XXXX



                              BEFORE
               HON'BLE MR. JUSTICE DEVASHIS BARUAH
                             ORDER

23.06.2025

Issue notice making it returnable on 04.08.2025.

2. Steps be taken upon the respondent Nos.1, 2 & 3 by way of registered post with A/D as well as through usual process within 3 days.

3. The petitioner has approached this Court challenging the order dated 09.06.2025 whereby the application filed under Order XXI Rule 26 of the Code of Civil Procedure, 1908 was rejected by the learned Executing Court being the Court of the Civil Judge (Junior Division), Naharkatia in Title Execution Case No.05/2019.

4. This Court has duly taken note of that the petitioner herein has adopted all means by which the execution of the judgment and decree passed in Title Suit No.23/1975 which was affirmed by this Court in the year 2011 remains unexecuted. The conduct of the petitioner do not inspire the confidence of this Court taking into account that the petitioner had left no stones Page No.# 3/3

unturned in order to deprive the decree holders to enjoy the fruits of the decree. In fact, in the recent six months, this Court had the occasion of dismissing two applications earlier. Inspite of the same, the petitioner again has approached this Court.

5. Taking into account the materials on record, this Court is not inclined to stay the further proceedings of the Title Execution Case No.05/2019. On the other hand, this Court directs the learned Executing Court to proceed with the execution proceedings in accordance with law and submit a report before this Court on the next day as to whether the execution has already been carried out.

6. The Registry is directed forthwith to send a copy of this Court order to the learned Executing Court

7. List accordingly.

JUDGE

Comparing Assistant