Gary Poly Industries and Anr. Vs Siddharth Singh and 3 Ors.

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GAHC010174712019

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2025:GAU-AS:10295

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

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Case No. : Cont.Cas(C)/426/2019

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AAP INDUSTRIES (PVT) LTD.

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A PRIVATE LTD. COMPANY, REP. BY SHRI ANKIT PATNI, 33 YEARS, ONE OF THE DIRECTOR OF THE PETITIONER, REGISTERED UNDER THE COMPANIES ACT, HAVING ITS REGISTERED OFFICE AT MAHAVIR BHAWAN, A.T. ROAD, GUWAHATI- 781001.

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VERSUS

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SIDDHARTH SINGH AND 3 ORS. THE SECRETARY TO THE GOVT. OF ASSAM, P.H.E. DEPTT., DISPUR, GUWAHATI- 781003.

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2:BIREN BHATTACHARYA THE SECRETARY TO THE GOVT. OF ASSAM P.H.E. DEPTT. DISPUR GUWAHATI. 781003

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3:SAUMYA KUMAR BARUA THE CHIEF ENGINEER P.H.E. DEPTT. GOVT. OF ASSAM HENGRABARI GUWAHATI- 781003.

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4:TAPAN BORDOLOI THE EXECUTIVE ENGINEER PHE STORES AND WORKSHOP DIVISION BETKUCHI GUWAHATI- 78103

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Advocate for the Petitioner : MR D KHAN, MS KEWI

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Advocate for the Respondent : ,

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Linked Case : Cont.Cas(C)/103/2019 KAMAKHYA POLY UDYOG AND ANR. A REGD. PROPRIETORIAL FIRM HAVING ITS REGD. OFFICE AT S.C. ROAD ATHGAON GUWAHATI-781001. 2: MANOJ GARG PROPRIETOR OF KAMAKHYA POLY UDYOG R/O. NEHA APARTMENT BLOCK-6 FLAT NO. 6803 SJ ROAD ATHGAON GUWAHATI-781001. VERSUS SIDDHARTH SINGH AND 3 ORS. THE SECRETARY TO THE GOVT. OF ASSAM PUBLIC HEALTH ENGINEERING DEPTT. DISPUR GUWAHATI-781003. 2:BIREN BHATTACHARYA THE SECRETARY TO THE GOVT. OF ASSAM PUBLIC HEALTH ENGINEERING DEPTT. DISPUR GUWAHATI-781003. 3:SAUMYA KUMAR BARUA THE CHIEF ENGINEER PUBLIC HEALTH ENGINEERING DEPTT. GOVT. OF ASSAM HENGARABARI GUWAHATI-781003. 4:TAPAN BORDOLOI

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THE EXECUTIVE ENGINEER PHE STORES AND WORKSHOP DIVISION BETKUCHI GUWAHATI-781032. -----------Advocate for : MR D KHAN Advocate for : MR. P N GOSWAMI (R3 R4) appearing for SIDDHARTH SINGH AND 3 ORS.

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Linked Case : Cont.Cas(C)/517/2018

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SRK METALS AND PLASTICS (PVT.) LTD. A PVT. LTD. COMPANY REGD. UNDER THE COMPANIES ACT HAVING ITS REGD. OFFICE AND FACTORY OPP. NATIONAL PUBLIC SCHOOL LALUNG GAON LAKHARA CHARIALI GHY- 34 DIST- KAMRUP ASSAM

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VERSUS

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SIDDHARTH SINGH AND 4 ORS. THE SECY. TO THE GOVT. OF ASSAM PUBLIC HEALTH ENGINEERING DEPTT. DISPUR GHY-3

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2:BIREN BHATTACHARYA THE SECY. TO THE GOVT. OF ASSAM PUBLIC HEALTH ENGINEERING DEPTT. DISPUR GHY-3 3:SAUMYA KUMAR BARUA THE CHIEF ENGINEER PUBLIC HEALTH ENGINEERING DEPTT. GOVT. OF ASSAM HENGARABARI GHY- 3

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4:LAWRENCE INTY THE ADDL. CHIEF ENGINEER PUBLIC HEALTH ENGINEERING DEPTT.

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OFFICE OF THE CHIEF ENGINEER PUBLIC HEALTH ENGINEERING DEPTT. HENGARABARI GHY

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5:TAPAN BORDOLOI THE EXECUTIVE ENGINEER PHE STORES AND WORKSHOP DIVISION BETKUCHI GHY

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-----------Advocate for : MS. S KHOUND Advocate for : MR. P N GOSWAMI (R1-R5) appearing for SIDDHARTH SINGH AND 4 ORS.

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Linked Case : WP(C)/4631/2023

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GARG POLY INDUSTRIES AND ANR.

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A REGISTERED PROPRIETORIAL FIRM HAVING ITS REGISTERED OFFICE AT S C ROAD ATHGAON GUWAHATI 781001

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2: BABITA GARG

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PROPRIETOR OF GARG POLY INDUSTRIES R/O NEHA APARTMENT ATHGAON GUWAHATI 781001 VERSUS

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THE STATE OF ASSAM AND 4 ORS.

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REP. BY THE SECRETARY TO THE GOVT. OF ASSAM PUBLIC HEALTH ENGINEERING DEPTT. DISPUR GUWAHATI 781003

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2:THE PRINCIPAL SECRETARY

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GOVT. OF ASSAM FINANCE DEPTT. DISPUR GUWAHATI 781003

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3:THE CHIEF ENGINEER

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PUBLIC HEALTH ENGINEERING DEPTT. GOVT. OF ASSAM HENGRABARI GUWAHATI 781003

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4:THE ADDITIONAL CHIEF ENGINEER

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PUBLIC HEALTH ENGINEERING DEPTT O/O THE ENGINEER PUBLIC HEALTH ENGINEERING DEPTT HENGRABARI GUWAHATI

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5:THE EXECUTIVE ENGINEER

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PHE STORES AND WORKSHOP DIVISION BETKUCHI GUWAHATI

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-----------Advocate for : MS M HAZARIKA Advocate for : SC

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P H E appearing for THE STATE OF ASSAM AND 4 ORS.

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Linked Case : WP(C)/5273/2023

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SRK METALS AND PLASTICS PVT. LTD. REPRESENTED BY ITS DIRECTOR SHRI KRISHNA AGARWAL A PRIVATE LIMITED COMPANY REGISTERED UNDER THE COMPANIES ACT HAVING ITS REGISTERED OFFICE AND FACTORY AT VILLAGE BONDA P.O BONDA P.S PRAGJYOTISHPUR GUWAHATI - 781026 DISTRICT KAMRUP METRO ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM PUBLIC HEALTH ENGINEERING DEPARTMENT DISPUR GUWAHATI 781003 2:PRINCIPAL SECRETARY GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATRI 781003 3:THE CHIEF ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT GOVERNMENT OF ASSAM HENGARABARI GUWAHATI- 781003 4:THE ADDITIONAL CHIEF ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT OFFICE OF THE CHIEF ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT HENGARABARI GUWAHATI. 5:THE EXECUTIVE ENGINEER PHE STORES AND WORKSHOP DIVISION

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BETKUCHI GUWAHATI. -----------Advocate for : MS K LOYA Advocate for : SC FINANCE appearing for THE STATE OF ASSAM AND 4 ORS.

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Linked Case : WP(C)/5966/2023 KAMAKHYA POLY UDYOG AND ANR. A REGISTERED PROPRIETORIAL FIRM HAVING ITS REGISTERED OFFICE AT S.C. ROAD ATHGAON GUWAHATI-781001. 2: MANOJ GARG PROPRIETOR OF KAMAKHYA POLY UDYOG RESIDENT OF NEHA APARTMENT ATHGAON GUWAHATI-781001. VERSUS THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM PUBLIC HEALTH ENGINEERING DEPARTMENT DISPUR GHY-781003. 2:PRINCIPAL SECRETARY GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-781003. 3:THE CHIEF ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT GOVERNMENT OF ASSAM HENGRABARI GUWAHATI-781003. 4:THE ADDITIONAL CHIEF ENGINEER

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PUBLIC HEALTH ENGINEERING DEPARTMENT OFFICE OF THE CHIEF ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT

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HENGRABARI GUWAHATI. 5:THE EXECUTIVE ENGINEER PHE STORES AND WORKSHOP DIVISION BETKUCHI GUWAHATI. -----------Advocate for : MS M HAZARIKA Advocate for : SC P H E appearing for THE STATE OF ASSAM AND 4 ORS. Linked Case : Cont.Cas(C)/101/2019 GARY POLY INDUSTRIES AND ANR. A REGD PROP FIRM HAVING ITS REGD OFFICE AT SC ROAD ATHGAON GUWAHATI- 781001 2: BABITA GARG PROP. GARG POLY INDUSTRIES NEHA APARTMENT ATHGAON GUWAHATI- 781001 VERSUS SIDDHARTH SINGH AND 3 ORS. THE SECRETARY TO THE GOVT OF ASSAM PUBLIC HEALTH ENGINEERING DEPTT DISPUR GUWAHATI- 781003 2:BIREN BHATTACHARYA THE SECRETARY TO THE GOVT OF ASSAM PUBLIC HEALTH ENGINEERING DEPTT DISPUR GUWAHATI- 781003 3:SAUMYA KUMAR BARUA THE CHIEF ENGINEER PHED GOVT OF ASSAM HENGRABARI GUWAHATI- 781003 4:TAPAN BORDOLOI

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THE EXECUTIVE ENGINEER PHE STORES AND WORKSHOP DIVISION BETKUCHI GUWAHATI- 781032

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Advocate for the petitioner(s): Ms. M Hazarika, Senior Advocate

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Mr. D Khan

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Advocate for the respondent(s): Mr. I Borthakur, Standing Counsel

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PHE

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B E F O R E

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HON’BLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

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05.08.2025

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Heard Ms. M Hazarika, the learned Senior Counsel assisted by Mr. D Khan, the learned counsel appearing on behalf of the petitioners in the batch of contempt petitions as well as the writ petitions. Mr. I Borthakur, the learned Standing Counsel PHE, who appears, on behalf of the respondents.

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The learned Senior Counsel appearing on behalf of the petitioners submits that though along with the writ petitions, there are various contempt proceedings tagged, but taking into account the scope of the writ petitions, which is only limited to as to whether the petitioners at present would be entitled to interest in terms with the

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Micro, Small and Medium Enterprises Development Act, 2006 (for short, the Act of 2006) and, more particularly, Section 16, the contempt proceedings so filed may be dropped, taking into account the substantial compliance, however, without prejudice to the rights of the petitioners in the instant three writ petitions.

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This Court while hearing the matter enquired with the learned Senior Counsel as to whether the petitioners herein are registered under the Act of 2006 and in that regard, the learned Senior Counsel drew the attention of this Court to Annexure-4 to the writ petition and submitted that the Certificate of Issuance (EM Part 2) amounts to registration under the Act of 2006.

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This Court further while taking into account Section 8 of the Act of 2006 and more particularly, the requirement stipulated thereinunder of filing a memorandum for registration under the Act of 2006, enquired as to whether such memorandums were filed, more particularly, taking into account that the petitioners herein are small scale industry set up in the year 2014 and if so, before which authority. The learned Senior Counsel submits that there are various Notifications issued by the Government of Assam and she would further like to place before this Court the manner in which the memorandums are required to be filed by the SSI Unit so that they come within the ambit of the Act of 2006.

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This Court also heard Mr. I Borthakur, the learned Standing Counsel, PHE Department, who submitted that the petitioners’ registration under the Act of 2006 is only in the year 2023. However, Ms. Hazarika, the learned Senior Counsel submitted that this is a fresh registration done in view of the requirement in terms with the Criteria for Classification of Micro, Small, Medium Enterprise and Form and Procedure for filing memorandum (Udyam Registration) as amended, as well as the Notification issued by the Central Government for Udyam Registration Certificate.

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Taking into account that the matters have been substantially heard and there would be further hearing required in view of the submissions so made by the learned counsels appearing on behalf of the parties, this Court fixes this matter again on 09.09.2025.

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This Court further taking into account the submission so made by the learned Senior Counsel that there has been substantial compliance to the orders so passed, drops the contempt proceedings being Cont.Cas(C)No.426/2019, Cont. Case(C)No.517/2018, Cont.Cas(C)No.101/2019 and Cont.Cas(C)No.103/2019, however, without prejudice to the petitioners’ rights in WP(C)No.4631/2023, WP(C)No.5273/2023 and WP(C)5966/2023.

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This Court, further, directs the Registry to retain the records of the above contempt petitions and tag them along with the instant writ

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petitions taking into account that there are various pleadings which have material bearing to the present writ petitions.

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List the writ petitions accordingly.

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JUDGE

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Comparing Assistant

Gary Poly Industries and Anr. v. Siddharth Singh and 3 Ors.

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Gary Poly Industries and Anr. v. Siddharth Singh and 3 Ors.

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