M/S Jys Construction v. The General Manager and 2 Ors

ORDER

09.06.2023.

Heard Mr. M. K. Borah, learned counsel for the applicant. The present Interlocutory Application is filed for correction of an order dated

01.02.2023 passed in WP(C) No. 442/2023. The prayer made in this application is as follows:- "in the premises aforesaid, it is most respectfully prayed that your Lordship's would graciously be pleased to admit this application and may kindly allow the petitioner with the leave of this Hon'ble Court to correct the name of the petitioner's firm in the cause title as "M/S JYS Infra Private Limited" instead of "M/S JYS Construction" as well as the name of the petitioner's firm as above in the order dated 01.02.2023 passed in W.P.(C) No. 442/2023 and / or pass any other necessary order/orders to that effect as your Lordships may deem fit and proper". Mr. P. Sharma, learned counsel for the respondents submits that there is no scope for correction of aforesaid order as the applicant itself has declared it to be "M/S JYS Construction" and not "M/S JYS Infra private Limited". This Court is also considered the aforesaid submission. It is clear from the cause of the writ petition that the petitioner has declared it to be proprietorial firm in the name of "M/S JYS Construction" whereas the name sought to be changed is a Private Limited Company. Page No.# 4/5 In the aforesaid view, it cannot be said that there is any error in passing the aforesaid order dated 01.02.2023 in W.P.(C) No. 442/2023. Accordingly, this I.A. stands dismissed. The applicant is at liberty to file appropriate application for correction of the name of the writ petitioner itself if permitted under law. Though the I.A.(Civil)/719/2023 is closed on merit, however, Registry is directed to register a suo-moto case, in the following backdrop:- Learned counsel Mr. Mridul Kumar Borah, made a mention at the mentioning hour requesting this Court to adjourned this I.A (Civil)/719/2023 on the ground that he has misplaced the copy of the I.A. However, as the matter is listed along with a series of writ petitions this Court declined such prayer of adjournment at mentioning hour. It is brought to the notice of this Court by the Court Master that, Mr. Borah has requested the Court Master to allow him to go through the record. Accordingly he was allowed in presence of the Office Peon to go through the second file. However, Mr. Borah has taken out the court record and took it beyond the court room even after objection by the Court Peon. The Court Peon had to rush along with learned counsel and had to recover the case record from the corridor of this Court. After coming to know that the incident has been reported by the Court Master, Mr. Borah has sought for an apology for taking such course of action and submits that he will never repeat it. This Court is not inclined to grant apology in this way. Accordingly, let a Suo-Moto petition be registered and notice be issued Page No.# 5/5 to Mr. Mridul Kumar Borah having Enrolment No.787/2004, Mobile No. 97060-45664, Email ID: mridulkumar.borah@gmail.com asking him as to why action permissible under law, should not be taken against him for unauthorisedly removing Court record from the Court room. For the purpose of issuing the notice, Registry may collect details of Mr. Borah from the office of The Bar Council of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram, Arunachal Pradesh and Sikkim. Notice is made returnable on 19.07.2023. A copy of this order be furnished to Mr. Mridul Kumar Borah by the Registry. A copy also be served upon the Chairman of the Bar Council of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram, Arunachal Pradesh and Sikkim. This Court also requests the Chairman of the Bar Council of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram, Arunachal Pradesh and Sikkim to remain present on the next date fixed and to assist this Court. List this matter after registration by showing the name of Mr. Mridul Kumar Borah and the Chairman of the Bar Council of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram, Arunachal Pradesh and Sikkim in the cause list. JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010054902023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/719/2023o M/SoJYSoCONSTRUCTIONo HAVINGoITSoOFFICEoAToGARBHANGA,oSIVASAGAR,oASSAM,oREP.oBYoITSo DIRECTORoTAPASIoBANARJEE,oD/O-oMANIKoMAZUMDAR,oR/O-oROOMoNO.o 408,oBLOCK-C,oHIMALAYAoPLAZA,oDANKUNI,oHOOGLY,oWESToBENGAL VERSUSo THEoGENERALoMANAGERoANDo2oORSo NORTHoEASTERNoFRONTIERoRAILWAYS,oMALIGAON,oGHY,oASSAM 2:THEoCHIEFoFREIGHToTRANSPORTATIONoMANAGER oNORTHoEASTERNoFRONTIERoRAILWAYS oMALIGAON oGUWAHATI 3:THEoASSAMoMINERALoDEVELOPMENToCORPORATIONoLTD oREP.oBYoITSoMANAGINGoDIRECTOR oKHANIJoBHAWAN oNEARoGANESHoMANDIR oRoPoROAD oDISPUR oGUWAHATI-o781006 oASSAo AdvocateoforotheoPetitionerooooo:oMR.oMoKoBORAHo AdvocateoforotheoRespondento:oDY.S.G.I.oo Page No.# 2/5 Linked Case : WP(C)/442/2023 M/S JYS CONSTRUCTION HAVING ITS OFFICE AT GARBHANGA SIVASAGAR ASSAM REP. BY ITS DIRECTOR TAPASI BANARJEE D/O- MANIK MAZUMDAR R/O- ROOM NO. 408 BLOCK-C HIMALAYA PLAZA DANKUNI HOOGLY WEST BENGAL VERSUS THE GENERAL MANAGER AND 2 ORS NORTH EASTERN FRONTIER RAILWAYS MALIGAON GHY ASSAM 2:THE CHIEF FREIGHT TRANSPORTATION MANAGER NORTH EASTERN FRONTIER RAILWAYS MALIGAON GUWAHATI 3:THE ASSAM MINERAL DEVELOPMENT CORPORATION LTD REP. BY ITS MANAGING DIRECTOR KHANIJ BHAWAN NEAR GANESH MANDIR R P ROAD DISPUR GUWAHATI- 781006 ASSAM ------------ Advocate for : MR. M K BORAH Advocate for : DY.S.G.I. appearing for THE GENERAL MANAGER AND 2 ORS Page No.# 3/5 BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY