Gauhati High Court
M/S Burnie Braes Tea Estate vs Oniam Saran Kumar Singh And Ors on 6 June, 2025
Page No.# 1/4
GAHC010102912025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1761/2025
M/S BURNIE BRAES TEA ESTATE
REPRESENTED BY PARTNER, SRI SUNIL KUMAR JAIN, AGED ABOUT 61
YEARS, S/O LT. SOBHAGYAMALL JAIN, R/O BURNIE BRAES, P.O.-BURNIE
BRAES, P.S.-ALGAPUR, DIST- HAILAKANDI, ASSAM, PIN-788801
VERSUS
ONIAM SARAN KUMAR SINGH AND ORS
COMMISSIONER OF INDUSTRIES AND COMMERCE, ASSAM UDYOG
BHWAN, BAMUNIMAIDAM, GUWAHATI
2:DR. LAKSHMANAN
SECRETARY TO THE GOVERNMENT OF ASSAM INDUSTRIES
COMMERCE DEPARTMENT
ASSAM SECRETARIAT
DISPUR
GUWAHATI-06
3:SRI SUNIL BARTHWAL
SECRETARY
COMMERCE SECRETARY
MINISTRY OF COMMERCE AND INDUSTRY ROOM NO. 143
VANIJYA BHAWAN
NEW DELHI 11000
Advocate for the Petitioner : MS N SAIKIA, MR. SUMANTA TALUKDAR
Advocate for the Respondent : MR A KALITA, MR N KALITA (R1, R2)
Page No.# 2/4
Linked Case : Cont.Cas(C)/638/2024
M/S BURNIE BRAES TEA ESTATE
REPRESENTED BY PARTNER
SRI SUNIL KUMAR JAIN
AGED ABOUT 61 YEARS
S/O LT. SOBHAGYAMALL JAIN
R/O BURNIE BRAES
P.O.-BURNIE BRAES
P.S.-ALGAPUR
DIST- HAILAKANDI
ASSAM
PIN-788801
VERSUS
ONIAM SARAN KUMAR SINGH AND ANR
COMMISSIONER OF INDUSTRIES AND COMMERCE
ASSAM UDYOG BHWAN
BAMUNIMAIDAM
GUWAHATI
2:DR. LAKSHMANAN
SECRETARY TO THE GOVERNMENT OF ASSAM INDUSTRIES
COMMERCE DEPARTMENT
ASSAM SECRETARIAT
DISPUR
GUWAHATI-06
------------
Advocate for : MS N SAIKIA
Advocate for : MR A KALITA (R1
R2) appearing for ONIAM SARAN KUMAR SINGH AND ANR
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BEFORE
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER
06.06.2025
Heard Ms. N. Saikia, learned counsel for the applicant/petitioner. Also
heard Mr. N. Das, learned counsel appearing for respondent Nos. 1 and 2.
By way of this application, the applicant/petitioner is seeking impleadment
of Sri Sunil Barthwal, Secretary to the Ministry of Commerce and Industry,
Government of India, New Delhi as respondent No. 3 in the accompanying
Contempt Case (C) No. 638/2024.
It appears that by way of WP(C) No. 6216/2023, the petitioner sought
payment of the entire subsidy amount which this Court by Judgment and Order
dated 18.10.2023 was pleased to direct the respondent authorities to dispose of
the representation and pass necessary order as to the grievances of the
petitioner in writing within a period of one month from the receipt of the
representation. However, due to non-disposal of the representation as well as
non-payment of the subsidy, the accompanying contempt petition has been
filed.
It appears that during the pendency of the contempt proceedings, the
learned counsel appearing for the contemnor submitted before this Court that
SLC has approved the necessary amount and the proposal has been sent to the
Secretary, Ministry of Commerce and Industry, Government of India for
necessary approval and release of the sanction amount.
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It appears that despite several letters for release of the aforesaid amount
being written by the State authority, no communication has been made by the
Government of India.
It appears that in the original writ petition, the Secretary to the Ministry of
Commerce and Industry, Government of India was an arrayed respondent No. 4.
That being so, presence of the Secretary to the Ministry of Commerce and
Industry, Government of India is necessary and essential for effective
adjudication of the accompanying contempt petition.
Accordingly, the present Interlocutory Application is allowed.
It is provided that Sri Sunil Barthwal, Secretary to the Ministry of
Commerce and Industry, Government of India, New Delhi be impleaded as
respondent No. 3 in the accompanying Contempt Case (C) No. 638/2024.
Let amended cause title be submitted before the Registry for doing the
needful.
Disposed of.
JUDGE
Comparing Assistant
