Page No.# 1/3 vs Union Of India And Anr
2025 Latest Caselaw 5775 Gua

Gauhati High Court

Page No.# 1/3 vs Union Of India And Anr on 26 June, 2025

Author: K.R. Surana

Bench: Kalyan Rai Surana, Soumitra Saikia

                                                                         Page No.# 1/3

GAHC010130912016




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

                                  Case No. : Co.App./4/2016

            BURAGOHAIN TEA COMPANY LIMITED and ANR
            AN EXISTING COMPANY WITHIN THE MEANING OF THE COMPANIES ACT
            1956 HAVING ITS REGISTERED OFFICE AT GOVINDAPUR TEA ESTATE, P.O.
            LATEKUJAN, GOLAGHAT 585621 IN THE STATE OF ASSAM.

            2: B and A LTD.
            AN EXISTING CO. WITHIN THE MEANING OF THE COMPANIES ACT 1956
             HAVING ITS REGISTERED OFFICE AT INDU BHAWAN
             MAHATMA GANDHI ROAD
             JORHAT 785001 IN THE STATE OF ASSAM IN THE STATE OF ASSAM

            VERSUS

            UNION OF INDIA and ANR
            THROUGH THE REGIONAL DIRECTOR, MINISTRY OF CORPORATE
            AFFAIRS, NORTH EASTERN REGION, HAVING HIS OFFICE AT MORELO
            BUILDING, GROUND FLOOR, SHILLONG 793001 AND SERVICE THROUGH
            THE CENTRAL GOVT. ADVOCATE, ASSAM, GUWAHATI.

            2:SHARMILA VIJAY SHETTY
            W/O VIJAY R SHETTY
             RESIDING AT B/32
            TURF VIEW
             3RD FLOOR
             12B HORNBY VELLARD ESTATE
             SETH MOTILAL SANGH MARG
             NEHRU PLANETORIUM ROAD
            WORLI
             MUMBAI 40001

Advocate for the Petitioner   : MR.A CHETIA, MR.R BANERJEE,MR.A K SAHEWALLA,MR.A
ROY

Advocate for the Respondent : MR.J ROY, MS A M DCOSTA (R-2),MR. S HAZARIKA (R-2),MR B
                                                                     Page No.# 2/3

KAUSHIK (R-2),ASSTT.S.G.I.,FOR CAVEATOR,MS.S KAKATI




          Linked Case : Co.App./3/2016

          SHARMILA VIJAY SHETTY
          W/O VIJAY SHETTY
          RESIDING AT B-32
          TURF VIEW
          SETH MOTILAL SANGHI MARG
          MUMBAI 400018


          VERSUS

          BURAGOHAIN TEA COMPANY LIMITED and ANR
          AN EXISTING CO. WITHIN THE MEANING OF THE COMPANIES ACT
           1956 HAVING ITS REGISTERED OFFICE AT GOVINDAPUR TEA ESTATE
           P.O. LATEKUJAN
           GOLAGHAT 785621 IN THE STATE OF ASSAM WITHIN THE AFORESAID
          JURISDICTION

          2:B and A LTD.

          AND EXISTING CO. WITHING THE MEANING OF THE COMPANIES ACT
           1956 HAVING ITS REGISTERED OFFICE AT INDU BHAWAN
           MAHATMA GANDHI ROAD
           JORHAT-785001 IN THE STATE OF ASSAM WITHIN THE AFORESAID
          JURISDICTION
           ------------
           Advocate for : MS.S KAKATI
          Advocate for : MR.A CHETIA appearing for BURAGOHAIN TEA COMPANY
          LIMITED and ANR
                                                                     Page No.# 3/3


                                 BEFORE
                 HONOURABLE MR. JUSTICE KALYAN RAI SURANA
                  HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                      ORDER

Date : 26.06.2025 (K.R. Surana, J)

Heard Mr. R. Banerjee, learned senior counsel assisted by Mr. D. Sharma, learned senior Advocate, Mr. A. Basu and A.K. Sahewalla, learned counsel for the appellant in Co.App./4/2016, who are respondent no. 1 in the connected Co.App./3/2016. Also heard Mr. D. Mazumdar, learned senior counsel assisted by Mr. B. Kaushik, learned counsel for the private respondent in Co.App./4/2016, who is the appellant in Co.App./3/2016.

Mr. M.R. Adhikari, learned CGC appears for the Union of India in Co.App./4/2016.

Clarificatory hearing is concluded.

Judgment is reserved.

                                            JUDGE           JUDGE




Comparing Assistant