M/S JK TRADE AND COMMERCE v. THE STATE OF ASSAM AND ORS
I.A.(Civil)/539/2026 · 2026-02-24
Manish Choudhury
body2026
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[ 2026 DAILYLAW 5043 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 5043 (GAU) · dailylaw.ai ]
Judgment text
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Page No. 1/3 GAHC010035962026
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/539/2026 M/S JK TRADE AND COMMERCE A PARTNERSHIP FIRM CONCERN, REGISTERED CLASS I A CONTRACTOR HAVING ITS OFFICE AT SILVER SQUARE BUILDING, 4TH FLOOR, OPP AAYAKAR BHAWAN, GS ROAD, CHRISTAN BASTI, GUWAHATI 781005, DIST KAMRUP M, ASSAM, REPRESENTED BY ONE OF ITS PARTNERS SRI AMIT KUMAR BAGARIA, SO LATE KAILASH NATH BAGARIA, RO SREE NAGAR, PO AND PS DISPUR, GUWAHATI ASSAM 781006 VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY ITS COMMISSSION AND SECRETARY TO THE GOVT OF ASSAM, AGRICULTURE AND HORTICULTURE DEPARTMENT, JANATA BHAWAN, DISPUR, GUWAHATI, ASSAM 781005 2:THE DIRECTOR OF AGRICULTURE KHANAPARA GUWAHATI ASSAM 781022 3:THE CHIEF EXECUTIVE OFFICER ASSAM STATE AGRICULTURE MARKETING BOARD RK MISSION ROAD ULUBARI GUWAHATI ASSAM 781007 4:THE JOINT CHIEF EXECUTIVE OFFICER (TECH) ASSAM STATE AGRICULTURE MARKETING BOARD RK MISSION ROAD ULUBARI GUWAHATI ASSAM 781007
Page No. 2/3 5:THE EXECUTIVE ENGINEER ASSAM STATE AGRICULTURE MARKETING BOARD RK MISSION ROAD ULUBARI GUWAHATI ASSAM 781007 6:THE AGRICULTURAL AND PROCESSED FOOD PRODUCTS EXPORT DEVELOPMENT AUTHORITY (APEDA) REPRESENTED BY ITS SECRETARY HEAD OFFICE AT NCUI BUILDING 3 SIRI INSTITUTIONAL AREA AUGUST KRANTI MARG NEW DELHI 110016 REGIONAL OFFICE AT HOUSEFED COMPLEX WEST END BLOCK BUILDING 4TH FLOOR BELTOLA BASISTHA ROAD DISPUR GUWAHATI PIN 78100 Advocate for the Petitioner : MR. J ABBAS, MR S ABDULLAH Advocate for the Respondent : SC, AGRI. DEPARTMENT, MR. N J GOGOI,SC, AGRICULTURE MARKETING BOARD. BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 25.02.2026
Heard Mr. J. Abbas, learned counsel for the applicant; Ms. B. Chetri, learned counsel appearing on behalf of Ms. G. Bora, learned Standing Counsel, Agriculture Department for the opposite party nos. 1 & 2; and Mr. N.J. Gogoi, learned Standing Counsel, Assam State Agriculture Marketing Board [ASAMB] for the opposite party nos. 3 – 5. 2. The applicant as the writ petitioner has preferred the accompanying writ petition, W.P. [C] no. 5168/2024 with a prayer for a direction to the respondent authorities make payment of an amount of Rs. 27,93,173/- on the ground that the said amount has remained
Page No. 3/3 outstanding despite execution of a contract-work by the petitioners for them. 3.
The instant interlocutory application is preferred by the applicant-writ petitioner seeking impleadment of the following authority :
The Agricultural and Processed Food Products Export Development Authority [APEDA], Represented herein by its Secretary, having its Head Office at NCUI Building, 3 Siri Institutional Area, August Kranti Marg, New Delhi – 110016. Having its regional office at Housefed Complex, West End Block Building, 4th Floor, Beltola-Basistha Road, Dispur, Guwahati, Pin – 781006, Assam. - as party-respondent no. 6 in the accompanying writ petition. 4. It is averred that the work order dated 14.08.2014 issued by the ASAMB for execution of the concerned contract-work was issued under the Common Infrastructure Development Scheme of the proposed party-respondent no. 6 and in such view of the matter, the presence of the proposed party-respondent no. 6 is necessary for adjudication of the issues involved in the accompanying writ petition. 5. The above submission is endorsed by the learned counsel for the opposite parties. 6. In view of such projection made in the afore-stated manner, this Court is of the considered view that the proposed party-respondent no. 6 is a necessary party for adjudication of the issues involved in the accompanying writ petition. Accordingly, the instant interlocutory application is allowed. JUDGE Comparing Assistant