Indian Oil Corporation Ltd and 4 Ors v. M/S S H Enterprise

ORDER

04.01.2024 Heard Shri KN Choudhury, learned Senior Counsel assisted by Ms. RR Kakati, learned counsel for the applicants/IOC. Also heard Shri R Sarma, learned Senior Counsel for the opposite party/writ petitioner. The dispute raised in this writ petition is with regard to cancellation of a catering contract which was for a period of 2 years from May, 2023 to April, 2025. Page No.# 3/3 The contention advanced on behalf of the applicants/IOC is that since the catering service pertain to BGR Guest House of the applicant at Six Mile, liberty may be granted to the applicants to have some alternative arrangement so that the guests do not have to face any problems. Shri Sarma, learned Senior Counsel for the opposite party/writ petitioner submits that the entire writ petition can be heard instead of passing an interim order. However, the learned Senior Counsel has fairly submitted that the catering services in question are essential in nature. Keeping in view the aforesaid facts and circumstances and without making any observation on the inter se merits of the dispute, it is provided that the applicants/IOC may make alternative arrangements for providing catering services in the BGR Guest House at Six Mile, Guwahati. The arrangement would, however, be effective till the next date fixed or till further order(s) passed by this Court. As agreed to by the learned counsel for the parties, list the connected writ petition for disposal on 20.02.2024. Interlocutory application stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010257102023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o I.A.(Civil)/3824/2023oIn WP(C)/6596/2023 INDIANoOILoCORPORATIONoLTDoANDo4oORS REPRESENTEDoBYoITSoEXECUTIVEoDIRECTOR oBONGAIGAONoREFINERY oP.O.oDHALIGAON oDIST.oCHIRANG oASSAM oPIN-o783385. 2:oTHEoGENERALoMANAGERoI/Co(HR) INDIANoOILoCORPORATIONoLTD.oBONGAIGAONoREFINERYoP.OoDHALIGAON DIST.oCHIRANGoASSAMo783385 o3:oTHEoDEPUTYoGENERALoMANAGERo(CONTRACTS) INDIANoOILoCORPORATIONoLTD. oBONGAIGAONoREFINERY oP.O.oDHALIGAON oDIST.oCHIRANG oASSAM oPIN-o783385. o4:oTHEoSENIORoMANAGERo(EMPLOYEEoSERVICES) INDIANoOILoCORPORATIONoLTD. oBONGAIGAONoREFINERY oP.O.oDHALIGAON oDIST.oCHIRANG oASSAM oPIN-o783385. o5:oTHEoCHIEFoMANAGERo(EMS) INDIANoOILoCORPORATIONoLTD. oBONGAIGAONoREFINERY oP.O.oDHALIGAON oDIST.oCHIRANG Page No.# 2/3 ASSAM PIN- 783385. VERSUS M/S S H ENTERPRISE A SOLE PROPRIETORSHIP OF MD. SAFIQUL HUSSAIN SON OF LATE HUSSAIN ALI WITH ITS REGISTERED OFFICE AT SILBHANGA JAGIROAD P.O. AND P.S. JAGIROAD DIST. MORIGAON ASSAM REPRESENTED BY ITS AUTHORISED REPRESENTATIVE MR. WAZIDUR RAHMAN SON OF LATE OHIDUR RAHMAN R/O- RAJ APARTMENT BLOCK-B 2ND FLOOR GMCH ROAD BHANGAGHAR GUWAHATI KAMRUP ASSAM-781005. ------------ Advocate for : MR. K N CHOUDHURY Advocate for : R SARMAH appearing for M/S S H ENTERPRISE BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI