Sarda Eco Power Ltd., v. Assam Power Generation Corporation Limited and Anr

PageoNo.#o1/3 GAHC010158502024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCRP(IO)/289/2024o SARDAoECOoPOWERoLTD.,o AoCOMPANYoINCORPORATEDoUNDERoTHEoCOMPANIESoACT,o1956oHAVINGo ITSoREGISTEREDoOFFICEoAToJESMINEoRESIDENCY,oHOUSEoNO.o26,oOPP.o S.B.I.oREHABARIoBRANCH,oSANTIoRAMoDASoPATH,oREHABARI,oGHY-781008 ANDoINoTHEoINSTANToPETITIONoISoREPRESENTEDoBYoITSoAUTHORIZEDo SIGNATORYoSHRIoCHURUKANTIoASHOKoREDDY,oSONoOFoLATEoYELLAo REDDY,oR/O-oJASMINEoRESIDENCY,oHOUSEoNO.o26,oOPP-oSBIoREHABARIo BRANCH,oSANTIoRAMoDASoPATH,oREHABARI,oGHY-781008. VERSUSo ASSAMoPOWERoGENERATIONoCORPORATIONoLIMITEDoANDoANRo BIJULEEoBHAWAN,o2NDoFLOOR,oPALTANBAZAR,oGUWAHATI-781001. 2:THEoCHIEFoMANAGERo(HYDRO) oASSAMoPOWERoGENERATIONoCORPORATIONoLIMITED oBIJULEEoBHAWAN o2NDoFLOOR oPALTANBAZAR oGUWAHATI-781001o AdvocateoforotheoPetitionerooooo:o MRoGoNoSAHEWALLA,oMRoMoSAHEWALLA,MRoHoKo SARMA,MSoGoDUGARo AdvocateoforotheoRespondento:o SC,oAEGCL,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo BEFORE HONOURABLEoMR.oJUSTICEoROBINoPHUKAN ORDERo

19.08.2024 Heard;Mr.;G.N.;Sahewalla,;learned;Senior;Counsel;assisted;by;Mr.;M. Page No.# 2/3 Sahewalla, learned counsel for the petitioner and Mr. D. Nath, learned Standing Counsel for the respondents.

¶2In this petition, under Article 227 of the Constitution of India read with Section 151 of the C.P.C., the petitioner, Sarda Eco Power Limited has put to challenge the correctness or otherwise of the order dated 31.07.2024, passed by the learned Additional District Judge No. 5, Kamrup (M) at Guwahati in Misc. (Arb) Case No. 59/2022.

¶3It is to be noted here that vide impugned order dated 31.07.2024, the learned trial court has transferred the Misc. (Arb) Case No. 59/2022 to the learned District Judge, Kamrup (M) at Guwahati to transfer the same to the commercial court constituted by the Govt. of Assam vide notification dated 13.02.2019, and directed the parties to appear before the commercial court on 06.11.2024.

¶4Mr. Sahewalla, learned Senior Counsel appearing for the petitioner submits that the learned District Judge, Kamrup (M) at Guwahati has already transferred the case to the commercial court, i.e. the court of learned Civil Judge (Senior Division), No. 3, Kamrup (M) at Guwahati. Mr. Sahewalla further submits that the petitioner has filed a petition on 28.07.2024, for allowing it to withdraw a sum of Rs. 7,45,34,718/-, pursuant to order dated 23.04.2024, passed in Misc. (J) Case No. 25/2023, which is deposited by the respondents here in this case, before the learned Additional District Judge No. 5, Kamrup (M) at Guwahati. Mr. Sahewalla also submits that as the case has been transferred to the court of learned Civil Judge (Senior Division), No. 3, Kamrup (M) at Guwahati, the said court may be directed to dispose of the petition within a period of 2 (two) weeks from today.

¶5On the other hand, Mr. Nath, learned Standing Counsel for the respondents submits that he has no objection in the event of issuing direction to the learned Civil Judge (Senior Division), No. 3, Kamrup (M) at Guwahati to dispose Page No.# 3/3 of the petition, filed by the petitioner on 28.07.2024, within a period of 2 (two) weeks from today.

¶6Having considered the submissions of learned counsel for both the parties, this Court is inclined to dispose of this petition by directing the learned Civil Judge (Senior Division), No. 3, Kamrup (M) at Guwahati to dispose of the petition filed by the petitioner on 28.07.2024, within a period of 2 (two) weeks from the date of receiving a certified copy of this order.

¶7In terms of above, this petition stands disposed of.

JUDGE Comparing Assistant