Page No.# 1/4 GAHC020003072025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Civil)/88/2025 M/S MULTI BUILDERS HAVING ITS REGISTERED OFFICE AT HOUSE NO. 9, TRINITY APARMENT, BANK COLONY, DIMAPUR, NAGALAND VERSUS UNION OF INDIA AND ANR REPRESENTED BY THE SECRETARY MINISTRY OF ROAD AND TRANSPORT AND HIGHWAYS (ZONE-NE) TRANSPORT BHAVAN 1ST PARLIAMENT ROAD NEW DELHI - 110001 2:THE CHIEF ENGINEER PWD NATIONAL HIGHWAY KOHIMA NAGALAND HAVING ITS REGISTERED OFFICE AT M463 PWD KOHIMA NAGALAN Advocate for the Petitioner : JOSHUA SHEQI, Advocate for the Respondent : CGSC, Linked Case : Arb.P./1/2024 M/S MUILTI BUILDERS ITS REGISTERED OFFICE AT H.NO. 9 TRINITY APARTMENT BANK COLONY DIMAPUR NAGALAND Page No.# 2/4 VERSUS THE UNION OF INDIA AND ANR REPRESENTED BY THE SECRETARY MINISTRY OF ROAD AND TRANSPORT AND HIGHWAYS (ZONE-NE) TRANSPORT BHAVAN 1ST PARLIAMENT ROAD NEW DELHI - 110001 2:THE CHIEF ENGINEER PWD NATIONAL HIGHWAY KOHIMA NAGALAND HAVING ITS REGISTERED OFFICE AT M463 PWD KOHIMA NAGALAND ------------ Advocate for : JOSHUA SHEQI Advocate for : CGSC appearing for THE UNION OF INDIA AND ANR BEFORE HON'BLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER 09/06/2025 This application has been filed praying for impleadment of the Commissioner & Secretary, Government of Nagaland, Department of Work & Housing, Nagaland, Kohima as respondent No. 3. 2. Learned counsel for the petitioner, Ms. Mika H. Aye submits that in the main petition the Commissioner & Secretary, Government of Nagaland, Department of Work & Housing has not been impleaded as a party. In the contract agreement the language is clear that the Ministry of Road Transport and Highways is represented by the Chief Engineer, PWD National Highways, Kohima, Nagaland. However, the MoRTH through the under Secretary to the Government of Nagaland has Page No.# 3/4 addressed a letter to the Secretary Works & Housing, Government of Nagaland, vide letter dated 02.04.2024 throwing all the responsibility upon the State PWD, Nagaland, with the stand that any financial implication or claims made by the contractor is to be borne by the State agency. 3. As far as the State respondents are concerned, the Chief Engineer cannot take an independent decision on behalf of the State. Therefore, the petitioner as a measure of abundant caution has prayed for impleadment of the Commissioner & Secretary, Government of Nagaland, Department of Work & Housing, Nagaland, Kohima as respondent No. 3. 4. Upon going through the pleadings, this Court is of the view that the Commissioner & Secretary, Government of Nagaland, Department of Work & Housing, Nagaland, will be a necessary party in the proceedings. 5. Accordingly, the prayer is allowed. 6. The petitioner is allowed to implead the Commissioner & Secretary, Government of Nagaland, Department of Work & Housing, as respondent No. 3. The petitioner shall amend the cause title accordingly and taken steps for notice on the respondent No. 3, by Registered post with AD as well as usual process. List the main case after 2(two) weeks. I.A. stands disposed of. Page No.# 4/4 JUDGE Comparing Assistant