Page No.# 1/4 GAHC010268102024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MC/88/2024 CANDID DRUG DISTRIBUTORS AND ANR A PARTNERSHIP FIRM INCORPORATED AND REGISTERED UNDER THE PROVISIONS OF THE INDIAN PARTNERSHIP FIRM ACT, 1932, AND HAVING ITS REGISTERED OFFICE AT M.L. NEHRU PATH, PANBAZAR, GUWAHATI- 781001, ASSAM, BEING REP. BY ITS PARTENERS PRANAB KUMAR BANERJEE AND SHRI GAUTAM BANERJEE. 2: PRANAB KUMAR BANERJE VERSUS THE STATE OF ASSAM AND 3 ORS REP. BY THE COMMISSIONER and SECY. TO THE GOVT. OF ASSAM, HOME DEPTT., DISPUR- 781006, ASSAM. 2:THE STATE OF MAHARASTRA REP. BY THE COMMISSIONER and SECY. TO THE GOVT. OF MAHARASTRA HOME DEPTT. MANTRALAYA MADAM CAMA ROAD NARIMAN POINT MUMBAI- 400021 MAHARASTRA. 3:THE COMMISSIONER OF POLICE MUMBAI POLICE COMMISSIONERS OFFICE OPP. CRAWFORD MARKET MAIN BUILDING D.N. ROAD MUMBAI G.P.O. MUMBAI- 400001. 4:UNICHEM LABORATORIES LTD. Page No.# 2/4 REP. BY SHRI PRAKASH AMRUT MODY CHAIRMAN CUM MANAGING DIRECTOR HAVING ITS REGISTERED OFFICE AT UNICHEM BHAVAN PRABHAT ESTATE S.V. ROAD JOGESHWARI EAST MUMBAI- 400012 Advocate for the Petitioner : MR. D GOGOI, Advocate for the Respondent : GA, ASSAM, Linked Case : WP(C)/2779/2013 CANDID DRUG DISTRIBUTORS and 2 ORS A PARTNERSHIP FIRM INCORPORATED AND REGISTERED UNDER THE PROVISIONS OF THE INDIAN PARTNERSHIP FIRM ACT 1932 AND HAVING ITS REGISTERED OFFICE AT M.L. NEHRU PATH PANBAZAR GUWAHATI- 781001 ASSAM BEING REP. BY ITS PARTENERS PRANAB KUMAR BANERJEE AND SHRI GAUTAM BANERJEE. 2: PRANAB KUMAR BANERJEE 3: GAUTAM BANERJEE BOTH PERTNERS OF PETITIONER NO. 1 FIRM AND R/O- M.L. NEHRU ROAD PANBAZAR GHY- 1 ASSAM. VERSUS THE STATE OF ASSAM AND 3 ORS REP. BY THE COMMISSIONER and SECY. TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR- 781006 ASSAM. 2:THE STATE OF MAHARASTRA REP. BY THE COMMISSIONER and SECY. TO THE GOVT. OF MAHARASTRA Page No.# 3/4 HOME DEPTT. MANTRALAYA MADAM CAMA ROAD NARIMAN POINT MUMBAI- 400021 MAHARASTRA. 3:THE COMMISSIONER OF POLICE MUMBAI POLICE COMMISSIONER'S OFFICE OPP. CRAWFORD MARKET MAIN BUILDING D.N. ROAD MUMBAI G.P.O. MUMBAI- 400001. 4:UNICHEM LABORATORIES LTD. REP. BY SHRI PRAKASH AMRUT MODY CHAIRMAN CUM MANAGING DIRECTOR HAVING ITS REGISTERED OFFICE AT UNICHEM BHAVAN PRABHAT ESTATE S.V. ROAD JOGESHWARI EAST MUMBAI- 400012. ------------ Advocate for : MR.I LAHIRI Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 3 ORS BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER 28.07.2025 Heard Mr. D Gogoi, learned counsel for the petitioners and Mr. N Das, learned Government Advocate representing the respondent No. 1. 2. Lawazima Court report dated 11.06.2025 reflects that the service of notice upon the respondent Nos. 2, 3 & 4 have been completed. 3. Accordingly, the service of notice is complete and the matter is taken up for consideration. 4. Mr. D Gogoi, learned counsel for the petitioners at the outset submits that he may be excused for the manner in which the statements in the Interlocutory Application have been so Page No.# 4/4 made. However, he submits that the facts stated therein, more particularly, Paragraph-4, is the reasons as to why the case came to be dismissed for default. 5. This Court on perusal of the statements made in Paragraph-4 finds that the petitioner was not represented on 12.09.2024 when the matter was taken up for consideration for reasons which cannot be said to be deliberate. It was an inadvertent lapse on the part of the learned counsel for the petitioner to appear in the matter. However, what is to be noticed is that as there occasioned a lapse on the part of the petitioner’s counsel in appearing the matter, for which this Court was left with no other alternative but to dismiss the case for non-prosecution. 6. Allowing the present Interlocutory Application would result in restoration of a case which is pending before this Court from 2013. Accordingly, this Court is of the considered opinion that while allowing the present Interlocutory Application, the petitioner is also to be saddled with a cost. 7. Accordingly, the present Interlocutory Application is allowed, directing the Registry to restore the connected WP(C) No. 2779/2013 to its original file, on furnishing a cost of Rs. 10,000/- (Rupees Ten Thousand Only) by the petitioner before the Registry. 8. The amount on being received by the Registry shall be transmitted to the account of the Assam Legal Service Authority for its use in its activities. 9. With the above observation and direction, this Interlocutory Application stands allowed. JUDGE Comparing Assistant