Aap Industries (Pvt) Ltd. Vs Siddharth Singh and 3 Ors. — Contempt of Court | Gauhati HC (2025)

Aap Industries (Pvt) Ltd. Vs Siddharth Singh and 3 Ors. — Contempt of Court | Gauhati HC (2025)

What the court decided

AI extract

Outcome

Interim order: contempt proceedings Cont.Cas(C)No.426/2019, Cont.Cas(C)No.517/2018, Cont.Cas(C)No.101/2019 and Cont.Cas(C)No.103/2019 dropped without prejudice to the petitioners' rights in WP(C)No.4631/2023, WP(C)No.5273/2023 and WP(C)5966/2023; Registry directed to retain and tag the contempt records with the writ petitions; matter listed for further hearing on 09.09.2025.

Issue for consideration

Whether the petitioners are entitled to interest under Section 16 of the Micro, Small and Medium Enterprises Development Act, 2006 — the stated scope of the writ petitions. +2 more

Ratio / Principle

The Court dropped the contempt proceedings Cont.Cas(C)No.426/2019, Cont.Cas(C)No.517/2018, Cont.Cas(C)No.101/2019 and Cont.Cas(C)No.103/2019 in view of substantial compliance with the orders previously passed, expressly without prejudice to the petitioners' rights in WP(C)No.4631/2023, WP(C)No.5273/2023 and WP(C)5966/2023.

Key takeaways

Registry directed to retain the records of the above contempt petitions and tag them along with the instant writ petitions, as various pleadings therein have material bearing on the writ petitions.¶8

Detailed headnote1 paragraphs

Gauhati High Court (Devashis Baruah, J.), interim order dated 05.08.2025 in Cont.Cas(C)/426/2019 (AAP Industries (Pvt) Ltd. v. Siddharth Singh & 3 Ors., Secretary/Chief Engineer/Executive Engineer, P.H.E. Department, Assam), heard with a tagged batch comprising contempt petitions Cont.Cas(C)No.426/2019, Cont.Cas(C)No.517/2018, Cont.Cas(C)No.101/2019 and Cont.Cas(C)No.103/2019 and writ petitions WP(C)No.4631/2023, WP(C)No.5273/2023 and WP(C)5966/2023. Scope of the writ petitions: only whether the petitioners are entitled to interest under Section 16 of the Micro, Small and Medium Enterprises Development Act, 2006. On the petitioners' submission of substantial compliance with the orders previously passed, the Court dropped all four contempt proceedings, expressly without prejudice to the petitioners' rights in the three writ petitions, and directed the Registry to retain the contempt records and tag them with the writ petitions. Hearing on the Section 16 interest claim was inconclusive at this stage: the Court enquired whether the petitioners are registered under the Act of 2006 — whether the Certificate of Issuance (EM Part 2) amounts to registration, and whether the memoranda required by Section 8 were filed (petitioners being SSI units set up in 2014) and before which authority. The Standing Counsel PHE contended registration dates only from 2023; the Senior Counsel responded it is a fresh registration under the amended Udyam Registration criteria and Central Government notification. Matter adjourned to 09.09.2025. No precedent cited; no final determination on the interest entitlement; no monetary amount stated.

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GAHC010174712019

2025:GAU-AS:10295

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

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

AAP INDUSTRIES (PVT) LTD.

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.

VERSUS

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

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

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

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

Advocate for the Petitioner : MR D KHAN, MS KEWI

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Advocate for the Respondent : ,

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.

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

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

VERSUS

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

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

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

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

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

Linked Case : WP(C)/4631/2023

GARG POLY INDUSTRIES AND ANR.

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

2: BABITA GARG

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

THE STATE OF ASSAM AND 4 ORS.

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

2:THE PRINCIPAL SECRETARY

GOVT. OF ASSAM FINANCE DEPTT. DISPUR GUWAHATI 781003

3:THE CHIEF ENGINEER

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

4:THE ADDITIONAL CHIEF ENGINEER

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

5:THE EXECUTIVE ENGINEER

PHE STORES AND WORKSHOP DIVISION BETKUCHI GUWAHATI

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

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

Linked Case : WP(C)/5273/2023

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.

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

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

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

Mr. D Khan

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

PHE

B E F O R E

HON’BLE MR. JUSTICE DEVASHIS BARUAH

ORDER

05.08.2025

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.

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.

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.

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.

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.

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.

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.

List the writ petitions accordingly.

JUDGE

Comparing Assistant