GAHC010051272017 THE GAUHATI HIGH COURT…
Writ petition closed without decision; liberty granted to petitioner to approach Court if an existing cause of action can be established.
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GAHC010051272017
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/7158/2017
JOSEPH SEBASTIAN
S/O LT. E.V. SEBASTIAN, R/O 54 A, WEST MALIGAON, GUWAHATI -11, P.O. MALIGAON, P.S. JALUKBARI, DIST. KAMRUP METRO, ASSAM
VERSUS
THE UNION OF INDIA and 3 ORS
REP. BY THE GENERAL MANAGER, N.F.RAILWAY, MALIGAON, GUWAHATI - 11 DIST. KAMRUP METRO, ASSAM
2:THE CHIEF COMMERCIAL MANAGER
N.F. RAILWAY MALIGAON GUWAHATI -11 DIST. KAMRUP METRO ASSAM.
3:THE DEPUTY CHIEF COMMERCIAL MANAGER
PM N.F. RAILWAY MALIGAON GUWAHATI-11 DIST.KAMRUP METRO ASSAM
4:THE GENERAL MANAGER
N.F. RAILWAY MALIGAON GUWHAATI-11 DIST. KAMRUP METRO ASSA
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Advocate for the Petitioner : MR.M DAS
Advocate for the Respondent : MR.B SHARMA, RLY.ADV.
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
04.03.2024.
Heard Ms. B Bora, learned counsel for the petitioner, who, however, fairly submits that she and her team are not in tough with the client and therefore, does not have the present instructions. This Court has also been informed that efforts have been made to contact the clients in spite of which, no contact has been able to be made.
On the other hand, Shri B Sarma, learned counsel representing the Railways, however, submits that the subject matter pertains to closure of a Coffee Shop, the tenure of which has already expired in the year 2014. He has also raised objection with regard to the inordinate delay in approaching the Court and existence of an alternative remedy for redressal of any grievance in the form of an arbitration clause.
Be that as it may, this Court is of the opinion that since there is no instructions presently regarding the requirement to press this application and also taking into consideration that the Coffee Shop was closed about a decade back, this Court is of the view that no live cause of action may be persisting.
Accordingly, this writ petition is closed.
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However, liberty is granted to the petitioner to approach this Court if any existing cause of action is able to be established.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether a writ petition over closure of a Coffee Shop with expired tenure and no live instructions from counsel should proceed.
Joseph Sebastian
The Union of India (rep. by the General Manager, N.F. Railway, Maligaon, Guwahati)
The Chief Commercial Manager, N.F. Railway, Maligaon
The Deputy Chief Commercial Manager, PM, N.F. Railway, Maligaon
The General Manager, N.F. Railway, Maligaon
Sanjay Kumar Medhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
