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2025 DAILYLAW 2569 (GAU)

M/S S.H. ENTERPRISE v. THE INDIAN OIL CORPORATION LTD. AND 4 ORS

I.A.(Civil)/4220/2025 · 2026-01-18

Kardak Ete

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/4 GAHC010027192025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/4220/2025 M/S S.H. ENTERPRISE A SOLE PROPRIETORSHIP OF MD. SAFIQUL HUSSAIN S/O- LATE HUSSAIN ALI REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE MR SAFIQUL HUSSAIN S/O- LATE HUSSAIN ALI WAZIDUR RAHMAN S/O- LATE OHIDUR RAHMAN R/O- RAJ APARTMENT BLOCK-B 2ND FLOOR GMCH ROAD BHANGAGARH GHY- 781005 KAMRUP ASSAM VERSUS THE INDIAN OIL CORPORATION LTD. AND 4 ORS REPRESENTED BY ITS EXECUTIVE DIRECTOR BONGAIGAON REFINERY P.O- DHALIGAON DIST- CHIRANG ASSAM PIN- 783385. 2:THE GENERAL MANAGER I/C (HR) INDIAN OIL CORPORATION LTD. BONGAIGAON REFINERY P.O. DHALIGAON DIST. CHIRANG Page No.# 2/4 ASSAM-783385. 3:THE DEPUTY GENERAL MANAGER (CONTRACTS) INDIAN OIL CORPORATION LTD. BONGAIGAON REFINERY P.O. DHALIGAON DIST. CHIRANG ASSAM-783385. 4:THE SENIOR MANAGER (EMPLOYEE SERVICES) INDIAN OIL CORPORATION LTD. BONGAIGAON REFINERY P.O. DHALIGAON DIST. CHIRANG ASSAM-783385. 5:THE CHIEF MANAGER (EMS) INDIAN OIL CORPORATION LTD. BONGAIGAON REFINERY P.O. DHALIGAON DIST. CHIRANG ASSAM-783385. ------------ Advocate for : MR. R SHARMA Advocate for : SC I O C appearing for THE INDIAN OIL CORPORATION LTD. AND 4 ORS BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER 19.01.2026 Heard Ms. P. Phukan, learned counsel for the applicant. Also heard Ms. R.R. Kakati, learned counsel for the opposite party nos.1 to 5. This is an application seeking impleadment of one “Sri Bibekananda Das, R/o. 09, Chilarai Nagar, BND, Santi Path, Village/Town Bhangagarh, City-Guwahati, District-Kamrup(M), Assam-781032, India” as party respondent no.6 in the Page No.# 3/4 connected WP(C) 738/2025. The applicant has challenged the termination of housekeeping contract to main the guesthouse and complex of IOCL Refinery at Guwahati vide order dated 06.11.2023. This Court by an order dated 06.09.2024 interfered with the termination order and directed the opposite party IOCL to permit the petitioner to complete the contractual obligations. According to the applicant, the applicant was not allowed to discharge his service in terms of the above order, against which a writ petition has been filed. During pendency, the IOCL/opposite party have issued a fresh NIT on 01.02.2025 for the same services, pursuant to which a contract has been awarded to one Sri Bibekananda Das vide order dated 02.08.2025. Ms. P. Phukan, learned counsel for the applicant submits that since the challenge of fresh tender is pending in the connected writ petition and during the pendency, said Sri Bibekananda Das has been awarded the contract, he is a necessary party. Therefore, she prays for impleadment of Sri Bibekananda Das. Having considered that during the pendency of the connected writ petition challenging the fresh tender, the said Sri Bibekananda Das has been awarded contract and as agreed to by the learned counsel for the parties, I am of the view that said Sri Bibekananda Das, who has been awarded the work would be a necessary party. Accordingly, Sri Bibekananda Das, R/o. 09, Chilarai Nagar, BND, Santi Path, Village/Town Bhangagarh, City-Guwahati, District-Kamrup(M), Assam-781032, India is allowed to be impleaded as party respondent no.6 in the connected WP(C) 738/2025. Page No.# 4/4 I.A.(C) is accordingly allowed and disposed of. JUDGE Comparing Assistant