M/S BURNIE BRAES TEA ESTATE v. ONIAM SARAN KUMAR SINGH AND ORS.
Cont.Cas(C)/638/2024 · 2025-10-28
Devashis Baruah
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 24027 (GAU) · dailylaw.ai ]
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[ 2025 DAILYLAW 24027 (GAU) · dailylaw.ai ]
Judgment text
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Page No.# 1/3 GAHC010249522024
2025:GAU-AS:14557
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/638/2024 M/S BURNIE BRAES TEA ESTATE REPRESENTED BY PARTNER, SRI SUNIL KUMAR JAIN, AGED ABOUT 61 YEARS, S/O LT. SOBHAGYAMALL JAIN, R/O BURNIE BRAES, P.O.-BURNIE BRAES, P.S.-ALGAPUR, DIST- HAILAKANDI, ASSAM, PIN-788801 VERSUS ONIAM SARAN KUMAR SINGH AND ORS.
COMMISSIONER OF INDUSTRIES AND COMMERCE, ASSAM UDYOG BHWAN, BAMUNIMAIDAM, GUWAHATI 2:DR. LAKSHMANAN SECRETARY TO THE GOVERNMENT OF ASSAM INDUSTRIES COMMERCE DEPARTMENT ASSAM SECRETARIAT DISPUR GUWAHATI-06 3:SRI SUNIL BARTHWAL SECRETARY COMMERCE SECRETARY MINISTRY OF COMMERCE AND INDUSTRY ROOM NO.143 VANIJYA BHAWAN NEW DELHI-110001 For the petitioner (s) : Mrs. N. Saikia, Advocate
For the respondent (s) : XXXX
Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R
29.10.2025
Heard Mrs. N. Saikia, the learned counsel appearing on behalf of the petitioner.
2. The present contempt application has been filed alleging willful and deliberate violation to the order dated 18.10.2023 passed in WP(C) No.6216/2023 whereby liberty was given to the petitioner to file a representation to the respondent Nos.1 & 2 in the writ petition with the grievance as regards non-payment of the amount of Rs.19,31,000/- and it was further ordered that if the petitioner submits the representation along with a copy of the order within a period of two weeks from the date of the said
order, the respondent Nos.1 & 2 in the writ petition were directed to examine the same and make a reply to the petitioner's representation in writing within a period of one month from the date of receipt of the representation.
3. The learned counsel appearing on behalf of the petitioner submitted that in pursuance thereto, on 08.11.2023, the petitioner inadvertently did not submit a detailed representation which ought to have been done. The learned counsel for the
Page No.# 3/3 petitioner therefore submitted that taking into account that this Court is also exercising powers under Article 215 of the Constitution, the petitioner be granting the leave to submit a fresh detailed representation upon the respondent Nos.1 & 2 in WP(C) No.6216/2023 as regards the grievance for nonpayment of the amount of Rs.19,31,000/- and the respondent Nos.1 &2 in WP(C) No.6216/2023 can thereupon act in terms with the order dated 18.10.2023 passed in WP(C) No.6216/2023.
4. Taking into account the above submission, this Court therefore drops the instant contempt proceedings thereby granting liberty to the petitioner to submit a fresh detailed representation upon the respondent Nos.1 & 2 in WP(C) No.6216/2023, and if such representation is submitted within a period of 10 days from today, the respondent Nos.1 & 2 in WP(C) No.6216/2023 shall comply in terms with paragraph No.5 of the
order dated 18.10.2023.
5. This Court further directs that along with the fresh representation, the petitioner shall enclose a copy of the present
order as well as the order dated 18.10.2023 passed in WP(C) No.6216/2023. JUDGE Comparing Assistant