GAHC010092052023 THE GAUHATI HIGH COURT…
Direction that the amount recovered shall be subject to the outcome of the connected writ petition.
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GAHC010092052023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1149/2023
THE FOOD CORPORATION OF INDIA AND 6 ORS REP. BY ITS CHAIRMAN CUM MANAGING DIRECTOR, BARAKHAMBA ROAD, NEW DELHI, PIN-110006.
FOOD CORPORATION OF INDIA REGIONAL OFFICE ASSAM REGION PALTANBAZAR GUWAHATI ASSAM PIN-781008.
FOOD CORPORATION OF INDIA REGIONAL OFFICE ASSAM REGION PALTANBAZAR GUWAHATI ASSAM PIN-781008.
FOOD CORPORATION OF INDIA REGIONAL OFFICE ASSAM REGION PALTANBAZAR GUWAHATI ASSAM PIN-781008.
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5: THE DIVISIONAL MANAGER
FOOD CORPORATION OF INDIA DIVISIONAL OFFICE KOKRAJHAR ASSAM PIN-783370.
6: THE DIVISIONAL MANAGER
FOOD CORPORATION OF INDIA DIVISIONAL OFFICE NAGAON ASSAM PIN-782001
VERSUS
KANAKA TEA ESTATE, REP. BY ITS SOLE PROPRIETOR DILIP KUMAR SAIKIA, S/O. LT. BHADRESWAR SAIKIA, LONGDONGBASTI, SALONA, NAGAON-782139, ASSAM.
Advocate for the Petitioner : MR. P K ROY
Advocate for the Respondent : MR A C BORBORA
BEFORE
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER
Date : 19.07.2024
Heard Mr. S. K. Chakraborty, learned counsel for the applicants. Also heard Mr. A. C. Borbora, learned Senior counsel assisted by Ms. N. Dey, learned counsel for the respondents/ writ petitioners.
This Interlocutory Application has been filed seeking modification of the interim order dated 17.02.2023, 22.02.2023 and 03.04.2023
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passed by this Hon’ble Court in WP(C) No. 862/2023 in terms of the liberty granted by this Court by order dated 22.02.2023.
It appears that the amount of Rs. 10,39,504.23/- has already been recovered on 02.12.2022 and 30.01.2023 and therefore this Interlocutory Application has been filed seeking modification of the earlier orders to the effect that the said recovery shall be subject to the result of the connected writ petition.
In view of the above, this court of the considered view that this Interlocutory Application can be disposed of with a direction that the amount recovered shall be subject to the outcome of the writ petition.
Ordered accordingly.
Disposed of.
JUDGE
Comparing Assistant
The Food Corporation of India and 6 Ors Rep. By Its Chairman Cum Managing Director
Kakana Tea Estate Rep. By Its Sole Proprietor Dilip Kumar Saikia
Kaushik Goswami
As recorded by the court registry
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