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Gauhati High Court
Shri Bharat Gohain vs The State Of Assam And Ors on 7 April, 2026
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/5
GAHC010067812026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1922/2026
SHRI BHARAT GOHAIN
S/O- LATE PESBOR GOHAIN.
R/O- OKANIMURIA KACHARI GAON, MOUZA- BOGDONG, P.O.- LAIPULI,
DIST.- TINSUKIA, ASSAM-786183.
VERSUS
THE STATE OF ASSAM AND ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY DEPARTMENT
OF EXCISE, DISPUR, GUWAHATI, ASSAM-781006.
2:THE COMMISSIONER OF EXCISE
ASSAM HOUSEFED COMPLEX
DISPUR
GUWAHATI
ASSAM-781006.
3:THE ADDITIONAL COMMISSIONER OF EXCISE
ASSAM HOUSEFED COMPLEX
DISPUR
GUWAHATI
ASSAM-781006.
4:THE DISTRICT COMMISSIONER
DIST.- TINSUKIA
ASSAM-786125.
5:THE SUPERINTENDENT OF EXCISE
TINSUKIA
OFFICE OF THE DISTRICT COMMISSIONER
TINSUKIA
DISTRICT (EXCISE BRANCH
Advocate for the Petitioner : MR. R S MISHRA, MS. M DEY,MS B SARMA
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Advocate for the Respondent : SC, EXCISE DEPTT., GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 07.04.2026
Heard Mr. R.S. Mishra, learned counsel for the petitioner and Mr. R.R.
Gogoi, learned Standing Counsel, Excise Department for all the respondents.
2. The petitioner is granted three licenses under the provisions of the Assam
Excise Rules, 2016 and the licenses are : [i] License to construct and work a
Bonded Warehouse for the deposit and storage of Extra Neutral Alcohol [ENA]
within the premises of a manufactory without payment of duty for manufacture
of country spirit and for deposit and storage of manufactured country spirit; [ii]
License for reduction of ENA for manufacture of country spirit; and [iii] License
for Bottling of Potable Country Spirit. One of the conditions for granting the
licenses for bottling of potable country spirit is that each bottle is required to
bear the label previously approved by the Excise Commissioner.
3. One M/s Associated Alcohol & Beverages Company [the plaintiff] has
instituted a commercial suit, Commercial Suit no. 11/2025 alleging violation of
rights in the label used by the petitioner [the defendant]. By filing an
application, Misc.[J] Case no. 146/2025, the plaintiff had also sought for an ad-
interim injunction. By an Order dated 12.11.2025, the learned Court disposed of
Misc.[J] Case no. 146/2025.
4. The relevant excerpts from the Order are reproduced below :-
In view of the findings arrived from the foregoing discussions, ad-interim temporary
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injunction is granted as prayed for. The O.Ps/ defendants, their men, agents,
representatives, distributors, assignees, heirs, successors, stockiest and all others
acting for and on their behalf, are restrained from using, selling, soliciting, exporting,
displaying, advertising or by any other mode or manner dealing in or using the
impugned label, trade dress, label colour combination, packaging of its product
Raagi and/or any other label/packaging which may be identical with and/or
deceptively similar to the plaintiff's label/ trade dress/ label colour
combination/packaging in relation to country spirit. They are also restrained from
doing any other act amounting to or likely to passing off and violation of the plaintiff's
rights in the said label used in the plaintiff's country spirit, infringement of the
plaintiff's copyrights in labels/ trade dress/ label colour combination/packaging and
from disposing or dealing with its assets including their warehouse factories etc. at
the address mentioned in the memo and their stocks-in-trade or any other assets till
disposal of the suit.
5. Subsequent to the Order dated 12.11.2025 passed in Misc.[J] Case no.
146/2025 by the Commercial Court, the respondent no. 2 by the impugned
Order dated 18.11.2025 has ordered for temporary suspension of the country
spirit brand 'Raagi' registered by the petitioner, who runs the business under the
aegis of M/s Brahmaputra Distillery until further orders from the Commercial
Court.
6. The plaintiff has instituted the commercial suit on the premise that it is in
the business of blending and bottling of wide range of India Made Foreign
Liquour [IMFL] and country spirit such as Rhino no. 1, Rhino, etc. In the suit,
the plaintiff has projected that subsequently, the defendant i.e. the petitioner
started business of country spirit with labels, 'Raagi', the labels of which are
deceptively similar having similar fonts and similar colour of label to that of the
plaintiff. After consideration, the Order dated 12.11.2025 has been passed by
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the Commercial Court and the said Order is still in force.
7. Subsequent to the Order dated 18.11.2025 of the respondent no 2, the
respondent no. 5 has passed an Order on 26.03.2026 whereby the respondent
no. 5 has observed that the renewal proposals of the petitioner's afore-
mentioned three licenses cannot be considered at this stage.
8. Mr. Mishra, learned counsel for the petitioner has submitted that the
restrained Order passed by the Commercial Court is limited in manner as
indicated in paragraph 44 of the Order. Therefore, on the basis of the said
Order, the renewal proposals for the three licenses could not be kept in hold. As
a result of non-consideration of the renewal proposals of the three licenses, the
petitioner's business has virtually come to a halt. The respondent authorities are
required to explain the basis on which the impugned Order dated 18.11.2025
and the impugned Order dated 26.03.2026 have been passed on the basis of
the provisions of the Assam Excise Rules, 2016.
9. For consideration of the interim prayer, the respondents are required to file
its responses promptly.
10. Mr. Gogoi, learned Standing Counsel, Excise Department has sought time
till 20.04.2026 to file its preliminary response.
11. The case is to be listed on 22.04.2026.
12. The prayer for interim relief is kept open for consideration on the next date
of listing.
JUDGE
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Comparing Assistant
