Gauhati High Court
Page No.# 1/3 vs Babu Boro on 17 March, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/3
GAHC010215312021
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP(IO)/5/2022
M/S GOEL COIR FOAM (INDIA) PRIVATE LIMITED AND 3 ORS
HAVING ITS REGD. OFFICE AT RAMPUR GARDEN, BARREILY, UTTAR
PRADESH, PIN-243001 AND IS REP. BY SRI RAKESH KUMAR GARD, S/O.
SRI RAGHUVEER SARAN GARG, R/O. 203, GMC HOUSE NO.11, 2ND FLOOR,
TONMOY RESIDENCY, NATUN PATH, HATIGAON, GUWAHATI, KAMRUP
(M), ASSAM-781038.
2: PANKAJ GOEL
S/O. SRI DEVI PRASAD GOEL
R/O. RAMPUR GARDEN
BARREILY
UTTAR PRADESH
PIN-243001.
3: PRAVEEN KUMAR SOLANKI
S/O. GITAM SINGH SOLANKI
R/O. 203
GMC HOUSE NO.11
2ND FLOOR
TONMOY RESIDENCY
NATUN PATH
HATIGAON
GUWAHATI
KAMRUP (M)
ASSAM-781038.
4: RAKESH KUMAR GARG
S/O. SRI RAGHUVEER SARAN GARG
R/O. 203
GMC HOUSE NO.11
2ND FLOOR
TONMOY RESIDENCY
Page No.# 2/3
NATUN PATH
HATIGAON
GUWAHATI
KAMRUP (M)
ASSAM-781038
VERSUS
BABU BORO
S/O. SRI BHUBAN BORO, R/O. WARD NO.2, HOLDING NO. GMB 80-A,
GORESWAR, DIST. BAKSA, BTAD, ASSAM, PIN-781366.
For the Petitioner(s) : Mr. R. Katoky, Advocate
For the Respondent(s) : Mr. S. Dutta, Advocate
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 17.03.2025
Heard Mr. R. Katoky, the learned counsel appearing on behalf of the
petitioners. Mr. S. Dutta, the learned counsel appears on behalf of the
respondent.
2. By way of the instant proceeding an order dated 30.10.2021 has
been challenged whereby the learned Court of the Civil Judge, Kokrajhar
had rejected the application filed by the petitioner under Section 10 of
the Code of Civil Procedure, 1908 (for short. "the Code") for stay of
Money Suit No. 5/2020 pending disposal of Title Suit No. 377/2020.
3. This Court has duly perused the plaint of both Title Suit No.
377/2020 which has been filed before the learned Court of the Civil
Judge No. 1, Kamrup(M) at Guwahati as well as the plaint of Money Suit
Page No.# 3/3
No. 5/2020 filed before the learned Court of the Civil Judge, Kokrajhar.
4. From a perusal of the averments made in both the plaints, it
transpires that the Title Suit No. 377/2020 is a claim by the petitioners
herein against the respondent herein whereas the Money Suit No. 5/2020
appears to be a counter-claim by the respondent herein against the
petitioners herein.
5. Considering the above, this Court is of the opinion that taking into
account the basic intention behind Section 10 of the Code which is to
avoid conflicts in judgment by different Courts exercising similar
jurisdiction, it is the prima facie opinion of this Court that the powers
under Section 151 of the Code can be exercised for the purpose of
consolidation of both the suits. In that regard, this Court has enquired
with the learned counsels appearing on behalf of the parties, as to
whether, they would be inclined to file appropriate application seeking
consolidation of the suits.
6. Mr. S. Dutta, the learned counsel appearing on behalf of the
respondent submitted that he would take instruction(s) in that regard.
7. List the matter again on 28.03.2025.
JUDGE
Comparing Assistant
