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2025 DAILYLAW 7322 (GAU)

K.B.INDIA COMMERCIALS PVT. LTD. v. THE ASSAM STATE WAREHOUSING CORPORATION and 2 ORS.

WP(C)/3682/2017 · 2025-07-29

Devashis Baruah

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010027692017 2025:GAU-AS:9456 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3682/2017 K.B.INDIA COMMERCIALS PVT. LTD. A PRIVATE LIMITED COMPANY DULY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS HEAD/ REGISTERED OFFICE AT 208, R.G. BARUAH ROAD, 2ND FLOOR, GUWAHATI-781024 IN THE DISTRICT OF KAMRUP M, ASSAM-REP. BY ONE OF ITS DIRECTOR-CUM-AUTHORIZED SIGNATORY VIZ. SRI KAUSHIK BHATTACHARJYA VERSUS THE ASSAM STATE WAREHOUSING CORPORATION and 2 ORS. A GOVT. OF ASSAM UNDERTAKING HAVING ITS HEAD OFFICE AT PANNYAGAR BHAWAN, CHRISTIAN BASTI, AMARAWATI PATH, DISPUR, GUWAHATI-781005, KAMRUP M, ASSAM-REP. BY ITS MANAGING DIRECTOR 2:THE MANAGING DIRECTOR ASSAM STATE WAREHOUSING CORPORATION PANNYAGAR BHAWAN CHRISTIANBASTI AMARAWATI PATH DISPUR GUWAHATI-781005 KAMRUP MASSAM 3:THE CHIEF ENGINEER ASSAM STATE WAREHOUSING CORPORATION PANNYAGAR BHAWAN CHRISTIANBASTI AMARWATI PATH DISPUR GUWAHATI-78100 Page No.# 2/3 Advocate for the petitioner(s): Mr. S Kataki Advocate for the respondent(s): Mr. K.L. Gupta B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 30.07.2025 Heard Mr. S Kataki, the learned counsel appearing on behalf of the petitioner. Mr. KL Gupta, the learned counsel, who appears on behalf of the Assam State Warehousing Corporation Ltd. 2. Mr. S Kataki, the learned counsel appearing on behalf of the petitioner submits that taking into account that the petitioner had on the same cause of action filed a writ petition being WP(C)No.5532/2013 and the same was withdrawn, the petitioner would not like to press the instant writ petition. However, the withdrawal of the writ petition should not debar the petitioner to avail other remedies before the appropriate forum. 3. Taking into account the above, the instant writ petition stands closed on withdrawal. 4. It is observed that withdrawal of the instant writ petition shall not prejudice the petitioner to approach the other appropriate forum, subject to being permissible under the law. 5. It is observed that in view of the present withdrawal, the petitioner cannot Page No.# 3/3 approach this Court under Article 226 of the Constitution on the same cause of action. JUDGE Comparing Assistant