Delhi Public School, Duliajan and Anr v. Baruas Industries and 2 Ors

ORDER

10.04.2024 This is an application under Article 227 of the Constitution challenging the order dated 11.01.2024 passed in Commercial Suit No.02/2023 by the Court of the learned Civil Judge (Senior Division) Dibrugarh, whereby the said Court had not only directed the Principal of the Delhi Public School (for short, the DPS), who is the defendant in the said suit, but also all members of the Governing Body of the defendant No.1 to be personally present in the Court.

¶2It is seen that the said order was passed in connection with an application filed by one Shri Surya Kanta Singh to implead himself as the defendant in the said suit. It has been brought to the notice of the Court during the court proceedings, that the learned Trial Court vide the order dated 12.02.2024 had permitted the said Shri Surya Kant Singh to be impleaded as the defendant No.3 in the said suit.

¶3This Court finds it very pertinent to observe that from a perusal of the order dated 11.01.2024, there is nothing mentioned as to why the learned Trial Page No.# 3/3 Court was of the opinion that there was a requirement of calling for the personal appearance of the Principal as well as the member of the Governing Body of the defendant No.1.

¶5This Court also has taken note of the copy of the plaint wherein the reliefs which have been sought for relates to the entitlement of the plaintiffs for continuing to provide the services of 8 numbers of bus to the defendant No.1 till expiry of the contractual period and other consequential relief.

¶6This Court has also taken note of that the defendant Nos.1 and 2 had also filed their written statement. Under such circumstance, there was no occasion for the learned Trial Court to direct the personal appearance of the Principal and the members of the Governing Body of the defendant No.1. in the said circumstances. Accordingly, this Court interferes with the order dated

11.01.2024 passed by the Court of the learned Civil Judge (Senior Division) Dibrugarh in Commercial Suit No.02/2023 and the same stands set aside and quashed.

¶7Taking into account the above, the instant revision petition stands allowed to the above extent.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010021292024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCRP(IO)/48/2024o DELHIoPUBLICoSCHOOL,oDULIAJANoANDoANR.o P.O.-DULIAJAN,oDIST-DIBRUGARH,oASSAM,oPIN-786602,oREPRESENTEDoBYo ITSoPRINCIPALoSRIoSUBRAHMANYAoKUMARoSRIPADAo(AGEo53oYEARS) 2:oTHEoPRINCIPAL oDELHIoPUBLICoSCHOOL oDULIAJAN oP.O.-DULIAJAN oDIST-DIBRUGARH oASSAM oPIN-78660o VERSUSo BARUASoINDUSTRIESoANDo2oORSo AoREGISTEREDoPARTNERSHIPoFIRM,oHAVINGoITSoHEADoOFFICEoANDo PRINCIPALoPLACEoOFoBUSINESSoAToTIPLING,oP.O.-ZALONI,oDIBRUDWAR- 786602,oP.S.-DULIAJAN,oDIST-oDIBRUGARH,oASSAM 2:GAUTAMoKUMARoBARUAH oPARTNER oM/SoBARUASoINDUSTRIES oTIPLING oP.O.-ZALONI oDIBRUDWAR-786602 oP.S.-DULIAJAN oDIST-oDIBRUGARH oASSAM 3:PRITAMoBARUAH oPARTNER oM/SoBARUASoINDUSTRIES oTIPLING oP.O.-ZALONI Page No.# 2/3 DIBRUDWAR-786602 P.S.-DULIAJAN DIST- DIBRUGARH ASSA Advocate for the petitioner(s): Mr. Z Mukit Advocate for the respondent(s): Mr. GN Sahewalla, Senior Advocate B E F O R E HON'BLE MR. JUSTICE DEVASHIS BARUAH