Allowed

M/S Joy Enterprise v. Union of India and 4 Ors.

Gauhati HC15 Aug 2024I.A.(Civil)/1730/2024

Case brief

AI extract

What is this about?

The Gauhati High Court, on an application by M/S Joy Enterprise, allowed the amendment of its arbitration petition (Arb.P./28/2022) to correct the description of the petitioner from a sole proprietor to a partnership firm and update related averments regarding its business nature.

What did the court decide?

The amendment to the Arbitration Petition (Arb.P./28/2022) regarding the cause title and paragraph 1 is allowed. Applicants must file the amended petition within two weeks.

M/S Joy Enterprise Vs Union of India and 4 Ors. — Arbitration | Gauhati HC (2024)

¶1

Page No.# 1/4

¶2

GAHC010111782024

¶3

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

¶4

Case No. : I.A.(Civil)/1730/2024

¶5

M/S JOY ENTERPRISE

¶6

A PARTNERSHIP FIRM REGISTERED UNDER THE INDIAN PARTNERSHIP ACT, HAVING REGISTRATION NO. L32087 DATED 29.06.2017 HAVING ITS REGISTERED OFFICE AT PANDAPARA, SHESBATI, P.S. AND DISTRICT JALPAIGURI, REP BY SUBRATA CHOUDHURY JALPAIGURI

¶7

VERSUS

¶8

UNION OF INDIA AND 4 ORS

¶9

REPRESENTED BY THE GENERAL MANAGER, N.F. RAILWAY, MALIGAON, GUWAHATI-781011

¶10

2:THE GENERAL MANAGER/CON N.F. RAILWAY MALIGAON GUWAHATI-781011

¶11

3:THE CHIEF ENGINEER/CON N.F. RAILWAY MALIGAON GUWAHATI-781011

¶12

4:THE DEPUTY CHIEF ENGINEER/CON N.F. RAILWAY MALIGAON GUWAHATI-781011

¶13

5:THE DEPUTY CHIEF ENGINEER/CON N.F. RAILWAY NEW JALPAIGURI WEST BENGA

¶14

Page No.# 2/4

¶15

Advocate for the Petitioner : MR RAB HUSSAIN, MS P SEN,MR A A AHMED,F. SHAHIN

¶16

Advocate for the Respondent : DY.S.G.I., MR. A K DUTTA

¶17

Linked Case : Arb.P./28/2022

¶18

PRADIP CHOUDHURY SOLE PROPRIETOR OF M/S JOY ENTERPRISE S/O KRISHNA KANTA CHOUDHURY R/O PANDAPARA P.O. AND DIST-JALPAIGURI PIN-735101 WEST BENGAL

¶19

VERSUS UNION OF INDIA AND 4 ORS REPRESENTED BY THE GENERAL MANAGER N.F. RAILWAY MALIGAON GUWAHATI-781011 2:THE GENERAL MANAGER/CON N.F. RAILWAY MALIGAON GUWAHATI-781011 3:THE CHIEF ENGINEER/CON N.F. RAILWAY MALIGAON GUWAHATI-781011

¶20

4:THE DEPUTY CHIEF ENGINEER/CON N.F. RAILWAY MALIGAON GUWAHATI-781011

¶21

5:THE DEPUTY CHIEF ENGINEER/CON N.F. RAILWAY NEW JALPAIGURI WEST BENGAL -----------Advocate for : MR. R HUSSAIN

¶22

Page No.# 3/4

¶23

Advocate for : DY.S.G.I. appearing for UNION OF INDIA AND 4 ORS

¶24

BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

¶25

ORDER

¶26

Date : 16.08.2024

¶27

Heard Mr. A. A. Ahmed, learned counsel for the applicant. Also heard Mr. A. K. Dutta, learned CGC for all the respondents.

¶28

This Interlocutory Application has been filed by the petitioner seeking amendment of the arbitration petition being Arb.P./28/2022. He submits that due to inadvertent mistake the correct averments and statements were not made in the arbitration petition and therefore the same is required to be amended.

¶29

Notice in the matter was issued on 02.01.2023.

¶30

Mr. A. K. Dutta, learned CGC appears for all the respondents. He does not object to the prayer made seeking amendment of arbitration petition.

¶31

Upon taking into consideration the submissions of the learned counsel for the petitioner and upon perusal of the Interlocutory Application, this Court is of the view that the amendments can be allowed. Accordingly, the following amendments as reflected in the Interlocutory Application are allowed to be incorporated in the Arbitration petition being Arb.P./28/2022.

¶32

“6. That in the Cause title of the petition the name and description of petition is mentioned as follows:

¶33

"Mr. Pradip Choudhury,

¶34

Sole proprietor of M/S Joy Enterprise,

¶35

Page No.# 4/4

¶36

Son of Krishna Kanta Choudhury,

¶37

resident of Pandapara, PO & District- Jalpiguri, Pin735101, West Bengal”.

¶38

However, the same is required to be amended to the extent that name and description of petitioner should be-

¶39

“M/s Joy Enterprises, a partnership firm registered under the Indian Partnership Act, having registration No. L32087 dated 29.06.2017 vide Register of Firms volume 813 Folio 83 Government of West Bengal and having its registered office at Pandapara, Shesbati, PS. & District - Jalpaiguri represented by Shri Subrata Choudhury.”

¶40

7. That similarly, in the petition, the para 1 reads as follows:-

¶41

"1. That the petitioner is a Contractor by profession and he has been registered under different Government departments including Railway and carry on business of various construction work under name and style of M/S Joy Enterprise having its principal place of business at Pandapara, —PO-& District - Jalpaiguri, Pin-735101, West Bengal.” Therefore, it has become necessary to amend the para 1 in the following manner:-

¶42

“1, That the petitioner is a Partnership firm registered under the Partnership Act, having its principal place of business at Pandapara, Shesbati, P.S. & District - Jalpaiguri, West Bengal. The petitioner has been carrying on business of supply and construction work of various government department including Railways since lastmany years.”

¶43

This Interlocutory Application is accordingly stands allowed and disposed of.

¶44

The amended arbitration petition will be filed within 2 (two) weeks from today.

¶45

JUDGE

¶46

Comparing Assistant

M/S Joy Enterprise v. Union of India and 4 Ors.

Case brief

What is this about?

What did the court decide?

M/S Joy Enterprise v. Union of India and 4 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Jahanara Begum and 5 Ors. Vs the State of Assam and 4 Ors.

Md. Ikbal Ahmed Khan and 14 Ors. Vs the State of Assam and 4 Ors.

Masuda Khatun Vs the Union of India and 7 Ors.

Bikash Kumar More Vs the Food Corporation of India and 3 Ors.

Cmj Breweries Private Limited Vs the Union of India and 3 Ors.

Nripen Sarma Vs the State of Assam