Page No.# 1/4 GAHC010206062018 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6371/2018 M/S. NC CABLES LIMITED (04397) K-51, CONNAUGHT CIRCUS, NEW DELHI- 110001. THROUGH ITS AUTHORIZED REPRESENTATIVE AND DIRECTOR OF THE COMPANY, SHRI RAHUL CHOUDHARY, S/O LT. RISHI KUMAR. VERSUS THE UNION OF INDIA AND 4 ORS. REP. BY THE SECRETARY, MINISTRY OF RAILWAYS, RAILWAY BOARD, RAILWAY BHAWNA, NEW DELHI- 110001. 2:THE GENERAL MANAGER NORTH EAST FRONTIER RAILWAY MALIGAON GUWAHATI ASSAM- 781011. 3:THE CONTROLLER OF STORES (CONSTRUCTION) NORTH EAST FRONTIER RAILWAY 4TH FLOOR ANNEXURE MALIGAON GUWAHATI DIST. KAMRUP ASSAM PIN - 781011. Page No.# 2/4 4:FA AND CAO/CON NORTH EAST FRONTIER RAILWAY MALIGAON GUWAHATI DIST. KAMRUP ASSAM- 781011. 5:KARNATAKA BANK LTD. F-27-28 SECTOR-18 NOIDA GAUTAMBUDH NAGAR UTTAR PRADESH- 201301 REP. BY ITS BRANCH MANAGER Advocate for the Petitioner : MR. P BORA, MRS. M C DUTTA,MR. A CHETIA Advocate for the Respondent : SC, RAILWAY, MS G SARMAH (RAILWAY ADVOCATE) BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 29.01.2026 Heard Ms. K. Sarma, learned counsel for the petitioner. Also heard Ms. G. Sarma, learned counsel appearing for the Railways. 2. The instant writ petition under Article 226 of the Constitution of India has been filed with the following prayer: “In these circumstances, the Petitioner most humbly pray that his Hon'ble Court may be pleased to A. Issue a Writ in the nature of certiorari or any other appropriate Writ quashing the letters of the Respondent No. 4 dated 30.08.2017 (Annexure XV); dated 07.09.2017, dated 22.02.2018 and dated 20.08.2018 (Annexure XIX) Page No.# 3/4 B. A Writ, Order or Direction in the nature of mandamus or any other appropriate Writ upon the Respondent No.3 to consider and decide on the representation of the Petitioner dated 22.02.2017 and 10.07.2017, within a fixed time frame upon due intimation to the Petitioner. and upon hearing the parties be pleased to make the Rule absolute and/or to pass such further or other orders as Your Lordships may deem fit and proper. -AND- In the interim be pleased to restrain the Respondents from receiving any payment towards the wrongful invocation and encashment of the Bank Guarantee No. 15545BG000034 dt 08.10.2015 for Rs. 10 lakhs or in the event of receipt to put the amount into fixed deposit in the name of the Petitioner under trust for the purposes of refund in the event of the present petition being allowed and further be pleased to restrain the Respondent no. 5 from releasing the Bank Guarantee No. 15545BG000034 dt 08.10.2015 for Rs. 10 lakhs during the pendency of the present Writ Petition and / or to pass such further or other orders as Your Lordships may deem fit and proper.” 3. The grievance of the petitioner is against the cancellation of the purchase order which relates to supply of cables. The first relief prayed for is for interfering with the order of cancellation and the second prayer is for consideration of the representations of the petitioner, which are of the year of 2017. 4. After hearing the learned counsel for the parties and on agreement, this Court is of the opinion that no effective relief can be granted to the petitioner Page No.# 4/4 even if a case for interference is made qua the order of cancellation of the purchase order. The petitioner, if successful in making out a case that such orders were not supported by law, can claim damage in the appropriate Civil Court, if so advised. 5. In view of the above, more particularly because of the efflux of long period of time of more than 7 years, this Court is of the opinion that the writ petition is liable to be closed. However, liberty is granted to the petitioner to approach the appropriate Civil Court for redressal of the grievance including a claim for compensation for damage, if permissible in law. 6. The writ petition is accordingly disposed of. JUDGE Comparing Assistant