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2025 DAILYLAW 19979 (GAU)

ICCO PVT LTD v. THE STATE OF ASSAM

I.A.(Civil)/3242/2025 · 2025-10-12

Rajesh Mazumdar

body2025

Judgment text

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Page No.# 1/4 GAHC010220602025 2025:GAU-AS:13646 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3242/2025 ICCO PVT LTD A COMPANY DULY REGISTERED UNDER THE COMPANIES ACT, 1956 WITH ITS REGISTERED OFFICE AT THE INDUSTRIAL ESTATE, BAMUNIMAIDAM, GUWAHATI-781021, REPRESENTED BY ITS MANAGING DIRECTOR, SHRI DHRUBAJYOTI SARMA, RESIDENT OF PUB-SARAN, KAMRUP M, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, INDUSTRIES AND COMMERCE DEPARTMENT, DISPUR, GHY-6. 2:THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM INDUSTRIES AND COMMERCE DEPARTMENT DISPUR GHY-6. 3:THE ASSAM INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION A GOVERNMENT OF ASSAM UNDERTAKING INDUSTRIAL ESTATE BAMUNIMAIGAM GHY-21 DISTRICT-KAMRUP METRO ASSAM REPRESENTED BY ITS MANAGING DIRECTOR. 4:THE MANAGING DIRECTOR ASSAM INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION GOVT. OF ASSAM UNDERTAKING INDUSTRIAL ESTATE Page No.# 2/4 BAMUNIMAIDAM GHY-21 DISTRICTKAMRUP M ASSAM Advocate for the Petitioner : MR S DIFUSA, MR D CHOUDHURY Advocate for the Respondent : GA, ASSAM, SC, AIIDC BEFORE HON’BLE MR. JUSTICE RAJESH MAZUMDAR ORDER 13.10.2025 Heard Mr D Choudhury, learned counsel appearing for the applicants. 2. The writ petition had been instituted being aggrieved by the rejection of the proposal of the applicants/writ petitioners for payment of Rs. 50,00,000/-, against a total outstanding amount of Rs. 99,00,000/- odd, to the AIIDC. 3. In view of the projections made in the writ petition, this Court on 29.08.2025, while issuing notice had directed that, in case, the applicants/writ petitioners deposited the payment of Rs. 50,00,000/-, minus the amount, which was already stated to have been deposited with the AIIDC, the respondents would remain restrained from giving effect to the impugned communication dated 07.08.2025. The petitioner, thereafter, had approached this Court by filing IA(Civil) No. 3094/2025, which was taken up for consideration on 17.09.2025. This Court had, by order dated 17.09.2025, granted an extension of 7 (seven) days’ time to deposit the amount as had been directed by this Court on 29.08.2025. The writ petitioners/applicants having failed to deposit the said amount, as directed by this Court on 29.08.2025, has now approached this Court by filing the present interlocutory application, praying for a further period of 7 (seven) days to comply with the order dated 29.08.2025. Page No.# 3/4 4. The learned counsel for the applicants has drawn our attention to Paragraph-4 of the application, wherein he has explained that due to enforcing circumstances, no steps for compliance of the order could be taken till the 23rd of September, 2025. Therefore, he had immediately filed the application on 24th of September, 2025, praying for extension, which, however, has been laid before this Court today. 5. The learned counsel for the petitioner submits that the order of this Court passed on 29.08.2025 would be complied by the applicant/writ petitioner, by 23rd of October, 2025 and the applicant offers an assurance to this Court that no further time would be sought for, if any circumstances arise. 6. Mr M M Zaman, learned counsel appearing on behalf of the AIIDC, has vehemently opposed the prayer of the applicant, for grant of extension of time and has submitted that this is the second occasion, where the applicants/writ petitioners are seeking an extension of time to comply with the orders passed in their own writ petition by this Court. 7. Although this Court is reluctant to grant extension of time for compliance of the orders on the reasons which have been stated by the applicants, the Court also considers that this is a case, where the livelihood of the applicants/writ petitioners may be affected, in case their prayer for extension of time is rejected. 8. In that view of the matter that this Court allows the applicants/writ petitioners, an extension till 23rd of October, 2025, to comply with the order dated 29.08.2025. It is made clear that the interim order would continue to operate till 23rd of October, 2025, and only in case, the applicants/writ petitioners make the deposit of the remaining amount of the proposed Rs. 50 lacs to the AIIDC, on or before 23rd of October, 2025, that the interim order shall continue till the next date of listing of the writ petition. Page No.# 4/4 9. The Interlocutory Application, accordingly, stands disposed of. JUDGE Comparing Assistant