Research › Search › Judgment

Gauhati High Court · body

2026 DAILYLAW 6655 (GAU)

M/S ARECANUT TRADER AND TRANSPORT (NATT) v. SHRI PANKAJ SRIVASTAVA AND 2 ORS

I.A.(Civil)/111/2026 · 2026-05-25

Yarenjungla Longkumer

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC020003902026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Civil)/111/2026 M/S ARECANUT TRADER AND TRANSPORT (NATT) THROUGH ITS PROPRIETOR, SHRI KIYETO ZHIMOMI, S/O VIKUHO ZHIMOMI, R/O MISHIKITO VILLAGE, CHUMUKEDIMA, NAGALAND - 797103 VERSUS SHRI PANKAJ SRIVASTAVA AND 2 ORS DEPUTY DIRECTOR, DIRECTORATE OF REVENUE AND INTELLIGENCE, DIMAPUR, NAGALAND - 797112 2:SHRI PFOTOKHO CHACHEI SENIOR INTELLIGENCE OFFICER DEPARTMENT OF REVENUE INTELLIGENCE OFFICER DIMAPUR NAGALAND 3:SHRI H.M. ANAL THE COMMISSIONER OF CUSTOMS NER SHILLONG CUSTOM HOUSE MG ROAD SHILLONG MEGHALAYA - 79300 Advocate for the Petitioner : O TEMJEN JAMIR, Advocate for the Respondent : , Linked Case: COP(C)/15/2026 M/S NAGALAND ARECANUT TRADERS AND TRANSPORT (NAAT) Page No.# 2/3 THROUGH ITS PROPRIETOR SHRI KIYETO ZHIMOMI, S/O VIKUHO ZHIMOMI, R/O MISHIKITO VILLAGE, CHUMUKEDIMA, NAGALAND - 797103 VERSUS SHRI PANKAJ SRIVASTAVA AND ANR DEPUTY DIRECTOR, DEPARTMENT OF REVENUE INTELLIGENCE, DIMAPUR, NAGALAND - 797112 2:SHRI PFOTOKHO CHACHEI SENIOR INTELLIGENCE OFFICER DIRECTORATE OF REVENUE INTELLIGENCE DIMAPUR NAGALAND. - 79711 Advocate for the Petitioner : C. T. JAMIR, SR. ADV, KROVI TSUKRU,O TEMJEN JAMIR,TOSHI JAMIR,JAWAMONG YADEN,ASA RUTSA,IMTILA PONGEN,ALIBA OZUKUM,NUNGSANG AIER,I IMCHEN Advocate for the Respondent : , BEFORE HON'BLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER Date : 26.05.2026 Heard learned senior counsel for the applicant, Mr. C.T. Jamir, assisted by Aliba Ozukum. 2. By filing the instant application under Order 1 Rule 10(2) of the Code of Civil Procedure, the applicant herein has prayed for impleadment of Shri H.M. Anal, the Commissioner of Customs, NER, Shillong as R-3 in the connected COP(C)/15/2026. 3. Learned senior counsel submits that while the COP(C)/15/2026 came up for consideration on 18.05.2026, the counsel for R-1 & 2 had submitted Page No.# 3/3 that the R-1 & 2 did not have the authority to release the seized goods and, further submitted that it would be necessary to implead the Commissioner of Customs, NER, Shillong, who alone has the authority to direct the release of the seized goods. In view of the said submission, it has become necessary to implead the Commissioner of Customs, NER, Shillong as a party R-3 in COP(C)/15/2026, Hence the present application has been filed. 4. The Court has considered the pleadings and is of the view that in order to fully adjudicate the matter, the impleadment of the Commissioner of Customs, NER, Shillong as a party has become necessary. Accordingly, the application is allowed. 5. The applicant shall implead Shri H.M. Anal, Commissioner of Customs, NER, Shillong, as R-3 in COP(C)/15/2026. The amended cause title shall be filed by the applicant within 2 (two) days from today. The applicant to take steps for notice on the newly impleaded R-3 by Speed Post as well as dasti. Thereafter, list COP(C)/15/2026 after 2 (two) weeks. 6. Application is allowed and disposed of. JUDGE Comparing Assistant