Gauhati High Court
I.A.(Civil)/2966/2026 of THE HDFC BANK LIMITED Vs MS SHIVAM PUSHPHAS JV AND ORS on 25 August 2026
GAHC010179742026 2026:GAU-AS:12502 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2966/2026 THE HDFC BANK LIMITED REPRESENTED BY THE BRANCH MANAGER, ZOO ROAD BRANCH, BUILDWELL COMPOUND, BESIDES NEEPCO BHAWAN, ZOO ROAD, GUWAHATI,
GAHC010179742026
2026:GAU-AS:12502
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2966/2026
THE HDFC BANK LIMITED
REPRESENTED BY THE BRANCH MANAGER, ZOO ROAD BRANCH, BUILDWELL COMPOUND, BESIDES NEEPCO BHAWAN, ZOO ROAD, GUWAHATI, ASSAM- 781005
VERSUS
MS SHIVAM PUSHPHAS JV AND ORS
A JOINT VENTURE OF M/S SHIVAM TRANSCON PVT LTD (HAVING ITS
REGISTERED OFFICE AT 59, MOTHER TERESA ROAD, GEETA NAGAR, GUWAHATI-21, DISTRICT KAMRUP METRO, ASSAM AND M/S PUSPHAS
CONSTRUCTION PRIVATE LIMITED HAVING ITS OFFICE AT 1ST FLOOR
PUSP ENCLAVE , BHASKAR NAGAR, 2ND BYE LANE , MOTHER TERESA
ROAD, GEETA NAGAR, GUWAHATI-21, DIST- KAMRUP (M), ASSAM AND IS
REP. BY SAFIQUR RAHMAN, S/O- LATE AZIZUR RAHMAN, AGE 53YRS, R/O- BHASKAR NAGAR, MT ROAD, BYE LANE NO-02, H.NO-4, GUWAHATI, DIST- KAMRUP (M), ASSAM, GUWAHATI-21
2:THE UNION OF INDIA
REPRESENTED BY THE SECRETARY
MINISTRY OF RAILWAYS
RAILWAY BOARD
RAILWAY BHAWAN
NEW DELHI.
3:THE GENERAL MANAGER CONSTRUCTION
OFFICE OF THE GENERAL MANAGER/CON
NORTHEAST FRONTIER RAILWAY
MALIGAON
GUWAHATI
ASSAM- 781011
4:THE CHIEF ENGINEER CONSTRUCTION I
NORTHEAST RAILWAY
FRONTIER MALIGAON
GUWAHATI
ASSAM781011.
5:THE DEPUTY CHIEF ENGINEER CONSTRUCTION III
CONSTRUCTION ORGANISATION DOUBLING
NORTHEAST FRONTIER RAILWAY
MALIGAON
GUWAHATI
ASSAM781011.
6:THE DEPUTY CHIEF ENGINEER CONSTRUCTIONI
NORTHEAST FRONTIER RAILWAY
JOGIGHO
BONGAIGAON
ASSAM783382.
7:THE DYFA AND CAO CON IV
NORTHEAST FRONTIER RAILWAY
MALIGAO
GUWAHATI
ASSAM-781011
Advocate for the Petitioner : MR. M SMITH, Advocate for the Respondent : MR D SENAPATI, Linked Case : WP(C)/489/2025
M/S SHIVAM PUSHPA JV
A JOINT VENTURE OF M/S SHIVAM TRANSCON PVT LTD (HAVING ITS
REGISTERED OFFICE AT 59
MOTHER TERESA ROAD
GEETA NAGAR
GUWAHATI-21
DISTRICT KAMRUP METRO
ASSAM AND M/S PUSPHAS CONSTRUCTION PRIVATE LIMITED HAVING ITS
OFFICE AT 1ST FLOOR PUSP ENCLAVE
BHASKAR NAGAR
2ND BYE LANE
MOTHER TERESA ROAD
GEETA NAGAR
GUWAHATI-21
DIST- KAMRUP (M)
ASSAM AND IS REP. BY SAFIQUR RAHMAN
S/O- LATE AZIZUR RAHMAN
AGE 53YRS
R/O- BHASKAR NAGAR
MT ROAD
BYE LANE NO-02
H.NO-4
GUWAHATI
DIST- KAMRUP (M)
ASSAM
GUWAHATI-21
VERSUS
THE UNION OF INDIA AND SIX ORS
REPRESENTED BY THE SECRETARY
MINISTRY OF RAILWAYS
RAILWAY BOARD
RAILWAY BHAWAN
NEW DELHI
2:THE GENERAL MANAGER / CONSTRUCTION
O/O THE GENERAL MANAGER/CON. NORTH EAST FRONTIER RAILWAY
MALIGAON
GUWAHATI
ASSAM
PIN-781011
3:THE CHIEF ENGINEER/
CONSTRUCTION -1
NORTH EAST FRONTIER RAILWAY
MALIGAON
GUWAHATI
ASSAM
PIN-781011
4:THE DEPUTY CHIEF ENGINEER
CONSTRUCTION -III
CONSTRUCTION ORGANIZATION DOUBLING
NORTH EAST FRONTIER RAILWAY
MALIGAON
GUWAHATI
ASSAM
PIN-781011
5:THE DEPUTY CHIEF ENGINEER /
CONSTRUCTION -I
NORTH EAST FRONTIER RAILWAY
JOGIGHOPA
BONGAIGAON
ASSAM
PIN-783382
6:THE DY. FA AND CAO/CON IV
NORTH EAST FRONTIER RAILWAY
MALIGAON
GUWAHATI
ASSAM
PIN-781011
7:THE HDFC BANK LIMITED
BUILDWELL COMPOUND
BESIDES NEEPCO BHAWAN
ZOO ROAD
GUWAHATI
ASSAM
PIN-781005
------------
Advocate for the applicant(s): Mr. M Smith Advocate for the respondent(s): Mr. D Senapati For the writ petitioner /Opposite party No.1
Mr. H Gupta
For opposite parties Nos.2 to 7
B E F O R E
HON’BLE MR. JUSTICE DEVASHIS BARUAH
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ORDER
26.08.2026
Heard Mr. M Smith, the learned counsel appearing on behalf of the applicant i.e. the respondent No.7 in the accompanying writ petition. Also heard Mr. D Senapati, the learned counsel, who appears on behalf of the opposite party No.1/writ petitioner as well as Mr. H Gupta, the learned CGC, who appears on behalf of the opposite party Nos.2 to 7.
2. This is an application filed by the applicant/respondent No.7 seeking modification of the order dated 10.08.2026 passed by this Court in the accompanying writ petition being WP(C)No.489/2025 on the ground that the Bank Guarantee bearing BG Bond No.264GT02182950001 dated 22.10.2018 having already been invoked on an earlier occasion, the said Bank Guarantee bearing BG Bond No.264GT02182950001 remains non-negotiable and accordingly for the purpose of effective compliance to the order dated 10.08.2026, this Court may modify the said order thereby permitting the Respondent No.7/applicant to issue a fresh Bank Guarantee in continuation of the Bank Guarantee bearing BG Bond No.264GT02182950001 in favour of the Chief Engineer/CON, Financial Adviser and Chief Accounts Officer/CON, N.F.Railway, Maligaon, Guwahati, Assam 781011 which shall be valid till the pendency of the writ petition.
3. Mr. D Senapati, the learned counsel for the writ petitioner/opposite party No.1 submits that the writ petitioner has duly approached the Respondent No.7 for the purpose of extending the Bank Guarantee bearing BG Bond No.264GT02182950001 dated 22.10.2018. However, in view of the said Bank Guarantee having already been invoked, it was informed that the said Bank
Guarantee cannot be further extended.
4. The learned counsel appearing on behalf of the writ petitioner submits that the necessary formalities had already been carried out at the end of the writ petitioner in that regard.
5. Accordingly, this Court, therefore, modifies the order dated 10.08.2026 with a direction upon the applicant/Respondent No.7 to issue a fresh Bank Guarantee in favour of the Chief Engineer/CON, Financial Adviser and Chief Accounts Officer/CON, N.F.Railway, Maligaon, Guwahati, Assam 781011, wherein it shall be duly mentioned that the said Bank Guarantee is in continuation of the Bank Guarantee bearing BG Bond No.264GT02182950001 of the amount which was guaranteed by the Bank Guarantee bearing BG Bond No.264GT02182950001 favouring the Chief Engineer/CON, Financial Adviser and Chief Accounts Officer/CON, N.F.Railway, Maligaon, Guwahati, Assam 781011 and shall be valid during the pendency of the writ petition and 30(thirty) days thereafter.
6. This Court further observes that upon issuance of the said Bank Guarantee in favour of the Chief Engineer/CON, Financial Adviser and Chief Accounts Officer/CON, N.F.Railway, Maligaon, Guwahati, Assam 781011, the Applicant shall forward the Bank Guarantee to the Respondent No.6 in the writ petition. The NF Railway and its officials shall not invoke the Bank Guarantee till the disposal of the writ petition.
7. Interlocutory application stands disposed of.
JUDGE
Comparing Assistant