Partly allowed

Bangalmora S.S. Ltd. and 3 Ors. v. the State of Assam and 6 Ors.

Gauhati HC8 Sept 2022I.A.(Civil)/2483/2022

Case brief

AI extract

What is this about?

This order adjudicates upon four cooperative societies' application to withdraw from Writ Petition No. 2336/2022. The Court rejects the withdrawal of one society as it would leave the petition without an affidavit, but grants prayer for the others.

What did the court decide?

Application to withdraw by Bangalmora S.S. Ltd, Laluk S.S. Ltd, and Rongano doi S.S. Ltd allowed; application by Dejoo S.S. Ltd rejected with liberty to approach again.

Bangalmora S.S. Ltd. and 3 Ors. Vs the State… — Civil Procedure and Limitation | Gauhati HC (2022)

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GAHC010172952022

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Civil)/2483/2022

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BANGALMORA S.S. LTD AND 3 ORS.

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REPRESENTED BY ITS CHAIRMAN BIMAL CH. MORANG AGED ABOUT 52 YEARS SON OF LATE MANI MORANG RESIDENT OF VILLAGE- PURANI BAHGORAH P.O. BAHGORAH DEORI DISTRICT - LAKHIMPUR ASSAM PIN - 787054

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2: DEJOO S.S. LTD REPRESENTED BY ITS CHAIRMAN DIPAK KUMAR BORDOLOI

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AGED ABOUT 58 YEARS

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SON OF LATE UPEN CHANDRA BORDOLOI

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RESIDENT OF VILL. KHAGARI P.O. PAHUMARA DISTRICT - LAKHIMPUR ASSAM PIN - 787031

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3: LALUK S.S. LTD REPRESENTED BY ITS CHAIRMAN SRI PANKOJ BORAH AGED ABOUT 44 YEARS SON OF SRI CHIDA BORAH RESIDENT OF VILL. PACHIM LALUK P.O. AND P.S. LALUK DISTRICT - LAKHIMPUR ASSAM PIN - 784160

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4: RONGANODOI S.S. LTD

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REPRESENTED BY ITS SRI NONDRA SAIKIA AGED ABOUT - 65 YEARS SON OF LATE - LATE JATIRAM SAIKIA RESIDENT OF VILLAGE - BONGALSUK P.O. BONGALSUK DISTRICT - LAKHIMPUR ASSAM PIN - 787031 VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM COOPERATION DEPARTMENT DISPUR GUWAHATI-6 2:THE ADDITIONAL CHIEF SECRETARY GOVT. OF ASSAM CO-OPERATION DEPARTMENT DISPUR GUWAHATI-6 3:THE REGISTRAR OF CO-OPERATIVE SOCIETIES ASSAM KHANAPARA GUWAHATI-781022 4:THE ZONAL JOINT REGISTRAR OF COOPERATIVE SOCIETIES TEZPUR ZONE TEZPUR PIN- -784001 5:THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES NORTH LAKHIMPUR ASSAM PIN-787001 6:THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES LAKHIMPUR NORTH LAKHIMPUR DIST- LAKHIMPUR ASSAM PIN-787001 7:THE DEPUTY COMMISSIONER LAKHIMPUR P.O. AND DISTRICT- LAKHIMPUR ASSAM PIN-787001 -----------Advocate for : MR. A SARMA

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Page No.# 3/8

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Advocate for : SC CO OP appearing for THE STATE OF ASSAM AND 6 ORS

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Linked Case : WP(C)/2336/2022 NOWBOICHA GPSS AND 11 ORS REPRESENTED BY ITS CHAIRMAN SRI PURNA DUTTA AGED ABOUT 55 YEARS SON OF LATE BOLURAM DUTTA RESIDENT OF VILLAGE- KOTHAL PUKHURI P.O. SINGRA DIST.- LAKHIMPUR ASSAM PIN - 787023 2: NAKARI S.S. LTD REPRESENTED BY ITS CHAIRMAN MANAB MOHAN GOGOI AGED ABOUT 44 YEARS SON OF LATE ADIRAM GOGOI RESIDENT OF VILL. SONARI P.O. SABOTI DIST. LAKHIMPUR ASSAM PIN - 787023 3: BANGALMORA S.S. LTD REPRESENTED BY ITS CHAIRMAN BIMAL CH. MORANG AGED ABOUT 52 YEARS SON OF LATE MANI MORANG RESIDENT OF VILLAGE- PURANI BAHGORAH P.O. BAHGORAH DEORI DISTRICT - LAKHIMPUR ASSAM PIN - 787054

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4: DIKRONG S.S. LTD REPRESENTED BY ITS CHAIRMAN SRI AJIT BORUAH AGED ABOUT 56 YEARS SON OF LATE KRISHNA BORUAH

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RESIDENT OF VILL. MERBIL P.O. MEBIL DISTRICT - LAKHIMPUR ASSAM PIN - 784160

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5: DEJOO S.S. LTD REPRESENTED BY ITS CHAIRMAN DIPAK KUMAR BORDOLOI AGED ABOUT 58 YEARS SON OF LATE UPEN CHANDRA BORDOLOI RESIDENT OF VILL. KHAGARI P.O. PAHUMARA DISTRICT - LAKHIMPUR ASSAM PIN - 787031 6: LALUK S.S. LTD REPRESENTED BY ITS CHAIRMAN SRI PANKOJ BORAH AGED ABOUT 44 YEARS SON OF SRI CHIDA BORAH RESIDENT OF VILL. PACHIM LALUK P.O. AND P.S. LALUK DISTRICT - LAKHIMPUR ASSAM PIN - 784160 7: KAMALABORIA S.S. LTD REPRESENTED BY ITS CHAIRMAN SRI JITEN BORGOHAIN AGED ABOUT 50 YEARS SON OF LATE JUGLESWAR BORGOHAIN RESIDENT OF VILL. SIRININGOOK P.O. ANGERKHOWA DISTRICT - LAKHIMPUR ASSAM PIN -787031

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8: RONGANODOI S.S. LTD REPRESENTED BY ITS SRI NONDRA SAIKIA AGED ABOUT - 65 YEARS SON OF LATE - LATE JATIRAM SAIKIA RESIDENT OF VILLAGE - BONGALSUK

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Page No.# 5/8

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P.O. BONGALSUK

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DISTRICT - LAKHIMPUR ASSAM PIN - 787031 9: PANIGAON S.S. LTD. REPRESENTED BY ITS CHAIRMAN SRI LAKHON SAIKIA AGED ABOUT - 76 YEARS SON OF LATE MOHAN SAIKIA RESIDENT OF VILL. KHARKATIBALIGAON P.O. PANIGAON

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DISTRICT - LAKHIMPUR ASSAM PIN - 787052 10: DHALPUR S.S. LTD REPRESENTED BY ITS CHAIRMAN SRI CHANDRA HAZARIKA AGED ABOUT - 56 YEARS SON OF LATE DIMBA HAZARIKA RESIDENT OF VILL. BORIGAON P.O. DHALPUR DISTRICT - LAKHIMPUR ASSAM PIN - 784165 11: RAJGARH S.S. LTD REPRESENTED BY ITS CHAIRMAN SRI PADMESWAR LAHAN AGED ABOUT - 59 YEARS SON OF LATE LUHITESWAR LAHAN RESIDENT OF VILL. 2 NO. RAMPUR P.O. KAMALPUR CHARIALI DISTRICT - LAKHIMPUR ASSAM PIN - 784165

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12: NARAYANPUR S.S. LTD. REPRESENTED BY ITS CHAIRMAN JAHIRUL HOQUE AGED ABOUT - 55 YEARS SON OF LT. SAMSUDDIN HOQUE RESIDENT OF VILL. JALUKKATA P.O. MERMUKH

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Page No.# 6/8

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DISTRICT - LAKHIMPUR ASSAM PIN - 784164 VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM COOPERATION DEPARTMENT DISPUR GUWAHATI-6 2:THE ADDITIONAL CHIEF SECRETARY GOVT. OF ASSAM CO-OPERATION DEPARTMENT DISPUR GUWAHATI-6 3:THE REGISTRAR OF CO-OPERATIVE SOCIETIES ASSAM KHANAPARA GUWAHATI-781022 4:THE ZONAL JOINT REGISTRAR OF COOPERATIVE SOCIETIES TEZPUR ZONE TEZPUR PIN- -784001 5:THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES NORTH LAKHIMPUR ASSAM PIN-787001 6:THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES LAKHIMPUR NORTH LAKHIMPUR DIST- LAKHIMPUR ASSAM PIN-787001 7:THE DEPUTY COMMISSIONER LAKHIMPUR P.O. AND DISTRICT- LAKHIMPUR ASSAM PIN-787001 -----------Advocate for : MR. A SARMA Advocate for : SC CO OP appearing for THE STATE OF ASSAM AND 6 ORS

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Page No.# 7/8

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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ORDER

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Date : 08-09-2022

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Heard Ms. N.N. Sarma, learned counsel for the applicants.

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WP(C) No. 2336/2022 is instituted by twelve cooperative societies where Bangalmora S.S. Ltd. represented by Sri Bimal Ch. Morang is the petitioner No. 3, Dejoo S.S. Ltd. represented by Sri Dipak Kumar Bordoloi is the petitioner No. 5, Laluk S.S. Ltd. represented by Sri Pankoj Borah is the petitioner No. 6 and Ronganodi S.S. Ltd. represented by Sri Nondra Saikia is the petitioner No. 8. Notice was issued in the writ petition by the order dated 30.03.2022.

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By this interlocutory application, the writ petitioners No. 3, 5, 6 and 8 referred above seek to withdraw themselves from being arrayed as writ petitioners in WP(C) No. 2336/2022. The respondents do not object to any such withdrawal by the aforementioned writ petitioners No. 3, 5, 6 and 8.

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We have noticed that the affidavit in WP(C) No. 2336/2022 has been made by Dipak Kumar Bordoloi who represents the petitioner No. 5 Dejoo S.S. Ltd. If the petitioner No. 5 is allowed to withdraw, from such stage onwards, the writ petition WP(C) No. 2336/2022 would remain a petition without the support of any acceptable affidavit. Therefore, for the purpose of this interlocutory application, prayer of the petitioner No. 5 to stand deleted from WP(C) No. 2336/2022 is rejected. However, liberty is granted to approach again with similar application after doing the needful.

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Accordingly, the writ petitioners No. 3, 6 and 8, being Bangalmora S.S. Ltd. represented by Sri Bimal Ch. Morang, Laluk S.S. Ltd. represented by Sri Pankoj Borah and Ronganodi S.S. Ltd. represented by Sri Nondra Saikia,

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Page No.# 8/8

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respectively stands deleted from the array of petitioners in WP(C) No. 2336/2022. The Registry to incorporate necessary correction in the cause title of WP(C) No. 2336/2022.

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I.A. stands closed.

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JUDGE

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Comparing Assistant

Bangalmora S.S. Ltd. and 3 Ors. v. the State of Assam and 6 Ors.

Case brief

What is this about?

What did the court decide?

Bangalmora S.S. Ltd. and 3 Ors. v. the State of Assam and 6 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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