MTC BUSINESS PVT LTD v. ASSAM INDUSTRIAL DEVELOPMENT CORPORATION LIMITED AND ORS
I.A.(Civil)/3967/2025 · 2025-12-09
Devashis Baruah
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26906 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26906 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010226392025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3967/2025 MTC BUSINESS PVT LTD HAVING ITS REGISTERED OFFICE AT 401 4TH FLOOR NAVKAR COMMERCIAL COMPLEX SIR M.V. ROAD ANDHERI (EAST) MUMBAI-400069 MAHARASHTRA REPRESENTED BY ITS SENIOR EXECUTIVE AND AUTHORIZED REPRESENTATIVE SRI DHIRAJ ASHOK JAIN SON OF SRI ASHOK JAIN RESIDENT OF B/706 RAGHULEELA CHS 150 FT ROAD BHAYANDER WEST MUMBAI-401101 MAHARASHTRA VERSUS ASSAM INDUSTRIAL DEVELOPMENT CORPORATION LIMITED AND ORS R.G. BARUAH ROAD GUWAHATI-781024 ASSAM REPRESENTED BY ITS MANAGING DIRECTOR 2:TENDER EVALUATION COMMITTEE ASSAM INDUSTRIAL DEVELOPMENT CORPORATION LIMITED R.G. BARUAH ROAD GUWAHATI-781024 ASSAM 3:MSTC LIMITED (A PUBLIC SECTOR UNDERTAKING UNDER MINISTRY OF STEEL
Page No.# 2/4 GOVERNMENT OF INDIA) REPRESENTED BY ITS CHIEF MANAGER (F AND A) BSNL EXCHANGE BUILDING BELTOLA BASISTHA ROAD WIRELESS GUWAHATI-781038 ASSAM ------------ For the Petitioner(s) : Dr. B. P. Todi, Sr. Advocate : Mr. A. Todi, Advocate
For the Respondent(s) : Mr. D. Saikia, Sr. Advocate : Mr. D. Deka, Advocate : Mr. P. S. Bhattacharyya, CGC : Ms. U. Das, Addl. Sr. GA, Assam
BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 10.12.2025
Heard Dr. B. P. Todi, the learned Senior counsel assisted by Mr. A. Todi, the learned counsel appearing on behalf of the Applicant and Mr. D. Saikia, the learned Senior counsel assisted by Mr. D. Deka, the learned counsel appearing on behalf of the Respondent Nos. 1 and 2. I have also heard Mr. P. S. Bhattacharya, the learned CGC appearing on behalf of the Respondent No.3. 2. This is an application filed seeking amendment of the accompanying writ petition on the ground that the Petitioner upon perusal of the affidavit-in-opposition filed by the Respondent Nos. 1 and 2 became aware that the Respondent Authorities at Assam Industrial Development Corporation Limited modified the terms and conditions of the Pre-
Page No.# 3/4 Qualification Eligibility Criteria in the Detailed Auction Catalogue without issuing any addendum and/or corrigendum to that effect. 3. It is also alleged in the instant application that the modified terms and conditions were never intimated or published by way of addendum by the Respondents resulting in disqualification of the Applicant including most of the other similarly situated participating bidders.
Under such circumstances, as the Applicant had come to learn about the same only upon filing of the affidavit-in-opposition, it has become necessary to amend the accompanying writ petition by incorporating further facts and grounds and as such, the present application has been filed. 4. It is also the case of the Applicant that apart from the additional pleadings, there is also a requirement for adding an additional prayer to the writ petition. 5. This Court has duly perused the affidavit-in-opposition and from a perusal of the said affidavit-in-opposition, it is relevant to take note of that this aspects as alleged have been brought on record by way of the said affidavit. 6. Considering the above, without deciding on the merits of such allegations made in the application, this Court permits the amendment to the writ petition by incorporation of the additional pleadings as well as the additional relief as mentioned in paragraph No.5 of the present application. 7. The interlocutory application accordingly stands allowed. 8. The Petitioner is directed to file the amended writ petition on or before 15.12.2025 by serving advance copy upon the learned counsel for
Page No.# 4/4 the Respondents to the accompanying writ petition. JUDGE Comparing Assistant