Sikkim High Court
Union Of India vs M/S M. G. Contractors Pvt. Ltd on 15 September, 2025
Author: Meenakshi Madan Rai
Bench: Meenakshi Madan Rai
Court No.2
HIGH COURT OF SIKKIM
Record of Proceedings
WP(C) No.29 of 2025
UNION OF INDIA PETITIONER
VERSUS
M/S M. G. CONTRACTORS PVT. LTD. RESPONDENT
Date: 15.09.2025
CORAM :THE HON'BLE MRS. JUSTICE MEENAKSHI MADAN RAI, JUDGE
For Petitioner Ms. Sangita Pradhan, Deputy Solicitor General of India.
For Respondent Mr. Sudesh Joshi, Advocate.
Mr. Adarsh Gurung, Advocate.
JUDGMENT
Learned Counsel Mr. Sudesh Joshi enters appearance for the
Respondent with Learned Counsel Mr. Adarsh Gurung and undertakes to
file Vakalatnama, during the course of the day.
Heard Learned Deputy Solicitor General of India (DSGI) for the
Petitioner, who has taken this Court through the Order of the Learned
Commercial Court, Mangan District, Sikkim, passed in Commercial Civil
Execution Case No.01 of 2022 (M/s. M. G. Contractors Pvt. Ltd. vs. Union
of India).
The prayers in the Writ Petition are as follows;
(a) issue an appropriate Writ in the nature of Certiorari or any
other writ to set aside the order dated 31-07-2024, passed by the
Learned Commercial Court in Commercial (Execution Case) No.01 of
2022;
(b) issue any other order or direction as this Hon'ble Court may
deem proper, just and fair in circumstances of the present case; and
(c) or such further and other reliefs as the nature and
circumstances of the case may require.
The background for the prayers in the Writ Petition are that, the
Commercial Court had directed the Award Debtor to pay the award
amount, to the opposing parties and in the event of failure to do so the
Award Debtor was directed to prepare an Affidavit on the same day,
i.e., 30-07-2024, stating the particulars of their assets, to enable the
Court to take further steps.
The Award Debtor was present in the Court through the Assistant
Accounts Officer (AAO), BRPD-11, CPWD, Chungthang, who had filed an
application, seeking adjournment, on the ground that the Learned DSGI
was out of station for her father's medical treatment. It is submitted by
Court No.2
HIGH COURT OF SIKKIM
Record of Proceedings
Learned DSGI before this Court that her father was in a critical
condition at a hospital in Siliguri and admitted in ICU, hence her
absence in Court that day. It is further submitted that, despite the
circumstance cited for the absence of Learned DSGI, the Learned
Commercial Court granted adjournment only till the next day, i.e., 31-
07-2024.
In the absence of Learned DSGI the Award Debtor represented by
the AAO was not competent to take steps immediately and place it
before the Court on the next date. Learned DSGI urges that despite the
afore detailed circumstances, costs of Rs.70,000/- (Rupees seventy
thousand) only, was imposed on the Award Debtor for failing to adhere
to the direction of the Court by not submitting the value of the items,
on Affidavit. That, on the grounds put forth today, the impugned Order
be quashed and set aside. It is clarified by Learned DSGI that the
Award amount has been paid to the Respondent in full.
Learned Counsel for the Respondent submits that he has no
objection to the prayers put forth, as the Award amount has been duly
received by the Respondents.
Due consideration has been afforded to the submissions advanced
by the Learned DSGI, the opposing Counsel and the circumstances as
appears in the Orders dated 30-07-2024 and 31-07-2024 of the
Learned Commercial Court.
In view of the specific ground urged while seeking an
adjournment on 30-07-2024, i.e., the ill-health of the father of the
Learned DSGI, this is a fit case where the impugned Order can be set
aside.
Accordingly, the impugned Order dated 31-07-2024 is quashed
and set aside.
Writ Petition is accordingly allowed and disposed of.
Judge
15.09.2025
ds/sdl
