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2026 DAILYLAW 8605 (GAU)

MS BISWAJIT BARUAH v. INDIAN OIL CORPORATION LIMITED ASSAM OIL DIVISION,

I.A.(Civil)/2108/2026 · 2026-06-18

Sanjay Kumar Medhi

Writ Petition (Civil)body2026

Judgment text

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Page No.# 1/4 GAHC010046232025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Civil)/2108/2026 in WP(C)/1589/2025 MS BISWAJIT BARUAH MILAN NAGAR SITALA BARI ROAD DIGBOI-786171 DISTRICT TINSUKIA ASSAM BEING DULY REPRESENTED BY ITS PARTNER MOHIT BARUAH AGED ABOUT 25 YEARS SON OF LATE BISWAJIT BORUAH RESIDENT OF MILAN NAGAR SITALA BARI ROAD DIGBOI-786171 ASSAM VERSUS INDIAN OIL CORPORATION LIMITED ASSAM OIL DIVISION REPRESENTED BY THE MANAGING DIRECTOR INDIAN OIL BHAWAN G-9 ALI YAVAR JUNG MARG BANDRA EAST MUMBAI-400051 MAHARASHTRA. 2:THE CHIEF MANAGING (CONTRACTS) INDIAN OIL CORPORATION LIMITED ASSAM OIL DIVISION DIGBOI REFINERY TINSUKIA Page No.# 2/4 ASSAM- 786171. 3:CHIEF GENERAL MANAGER (T) INDIAN OIL CORPORATION LIMITED ASSAM OIL DIVISION DIGBOI REFINERY TINSUKIA ASSAM PIN- 786171. 4:DEPUTY GENERAL MANAGER (CIVIL MAINT.)/SM(C-T) INDIAN OIL CORPORATION LIMITED ASSAM OIL DIVISION DIGBOI REFINERY TINSUKIA ASSAM-786171. 5:MAINTENANCE MANAGER (REF. CIVIL) INDIAN OIL CORPORATION LIMITED ASSAM OIL DIVISION DIGBOI REFINERY TINSUKIA ASSAM PIN-786171 ------------ Advocate for : MR. M K DAS Advocate for : SC I O C appearing for INDIAN OIL CORPORATION LIMITED ASSAM OIL DIVISION BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 19.06.2026 Heard Shri M. Das, learned counsel for the applicant. Also heard Shri A. Sharma, learned Standing Counsel, IOC. Page No.# 3/4 By this Interlocutory Application, the applicant, who is the writ petitioner in the connected WP(C)/1589/2025 has prayed for a suspension of the tender notice dated 17.06.2026. The said notice is for works of repair and maintenance of buildings and other associated facilities at various Zones of Digboi Refinery Township. It is the contention of the applicant that as writ petitioner, he has put to challenge the termination of the work order dated 12.07.2023 which was done on 08.08.2024.It is submitted that during the pendency of the writ petition, the present tender notice has been issued in which case, the applicant would suffer grave prejudice. Per contra, Shri Sharma, the learned Standing Counsel for the IOC has submitted that in the writ petition, no interim order was passed in spite of there being a prayer. He has submitted that the present tender pertains to the work of repair and maintenance of buildings and associated facilities which is of paramount importance which includes works of the Digboi Refinery. He has also submitted that the subject matter of the writ petition would have no nexus with the present work as the earlier work was determinable in nature and the legality and validity would be decided by this Court in the writ petition and the same cannot restrain the authorities to issue fresh tenders.He has submitted that it is not in dispute that there would be 125 works orders and therefore, the aspect of passing any interim order would not arise. On a specific query put by this Court, it has been disclosed that the subject matter of challenge in the connected writ petition is with a work of Zone 8. Page No.# 4/4 After considering the rival submissions, this Court is of the opinion that no case for passing any blanket interim order is made out. However, to balance the equities, while this Court has not put any restrain on the tender process, so far as Zone 8 is concerned, the final allotment order for the said zone may not be issued till the next returnable date.It is also provided that without prejudice to the rights of the applicant connected with the writ petition, he may participate in the fresh tender process. Interlocutory application accordingly stands disposed of. JUDGE Comparing Assistant