Gauhati High Court
M/S Kako Tea Pvt. Ltd vs Sri Oniam Saran Kumar Singh And Anr on 6 June, 2025
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GAHC010102922025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1723/2025
M/S KAKO TEA PVT. LTD.
REPRESENTED BY ITS DIRECTOR SRI AJAY AGARWAL, AGED ABOUT 49
YEARS, S/O SRI OMPRAKASH AGARWAL, R/O PARBATIA MAIN ROAD, P.O.
AND P.S.-PARBATIA, DIST- TINSUKIA, ASSAM, PIN-786125
VERSUS
SRI ONIAM SARAN KUMAR SINGH AND ANR
COMMISSIONER OF INDUSTRIES AND COMMERCE AND CHAIRMAN OF
STATE LEVEL COMMITTEE, ASSAM SECRETARIAT, DISPUR, GUWAHATI-6,
ASSAM
2:SRI SUNIL BARTHWAL
SECRETARY
COMMERCE SECRETARY
MINISTRY OF COMMERCE AND INDUSTRY
ROOM NO. 143
VANIJYA BHAWAN
NEW DELH
Advocate for the Petitioner : MS N SAIKIA,
Advocate for the Respondent : MR A KALITA,
Linked Case : Cont.Cas(C)/684/2024
M/S KAKO TEA PVT. LTD.
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COMPANY REPRESENTED AS ONE DIRECTOR SRI AJAY AGARWAL
AGED ABOUT 48 YEARS
S/O SRI OMPRAKASH AGARWAL
R/O PARBATIA MAIN ROAD
P.O. AND P.S.-PARBATIA
DIST- TINSUKIA
ASSAM
PIN-788801
VERSUS
ONIAM SARAN KUMAR SINGH
COMMISSIONER OF INDUSTRIES AND COMMERCE AND CHAIRMAN OF
STATE LEVEL COMMITTEE
ASSAM SECRETARIAT
DISPUR
GUWAHATI-6
ASSAM
------------
Advocate for : MS N SAIKIA
Advocate for : MR A KALITA appearing for ONIAM SARAN KUMAR SINGH
BEFORE
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER
06.06.2025
Heard M. N. Saikia, learned counsel for the applicant. Also heard Mr. S.
Das, learned counsel appearing for the respondent No. 1.
The instant application has been filed for impleading the Sri Sunil
Barthwal, Secretary to the Ministry of Commerce and Industry, Government of
India as respondent No. 2 in the accompanying Contempt Case (C) No.
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684/2024.
It appears that the connected writ petition i.e. WP(C) No. 6036/2023 was
disposed of by Judgment and Order dated 23.06.2022 directing reconsideration
and release of the entitlement of the petitioner taking into account the stand of
the department without any further delay. However, since the outstanding dues
were not released, the accompanying contempt petition was filed.
During the pendency of the contempt petition, the learned counsel
appearing for the contemnor/respondent has submitted before the Court that
SLC has approved the necessary amount and the proposal has been sent to the
Secretary to the Ministry of Commerce and Industry, Government of India for
necessary approval and release of the sanction amount. However, the said
amount has not been paid till date. Hence, the present impleading application.
It further appears that the Union of India represented by the Secretary to
the Ministry of Commerce and Industry, Government of India, New Delhi was an
arrayed respondent in the original writ proceeding. That being so, the presence
of the Secretary to the Ministry of Commerce and Industry, Government of India
is necessary and essential for effective adjudication of the instant contempt
petition.
Accordingly, Sri Sunil Barthwal, Secretary to the Ministry of Commerce and
Industry, Government of India is impleaded as respondent No. 2 in the
Contempt Case (C) No. 684/2024.
The Interlocutory Application stands allowed and disposed of.
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Let amended cause title be submitted before the Registry for doing the
needful.
JUDGE
Comparing Assistant
