Gauhati High Court

I.A.(Civil)/1652/2026 of ON THE DEATH OF LILI GOSWAMI HER LEGAL HEIRS SRI DIPANKAR GOSWAMI AND ORS Vs THE CEMENT CORPORATION OF INDIA AND ORS on 16 July 2026

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GAHC010057362026 2026:GAU-AS:9793 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1652/2026 ON THE DEATH OF LILI GOSWAMI HER LEGAL HEIRS SRI DIPANKAR GOSWAMI AND ORS S/O LATE PRAFULLA GOSWAMI,RESIDENT OF VILLAGE MOHMAIKI GAON (PART 1)

GAHC010057362026

2026:GAU-AS:9793

THE GAUHATI HIGH COURT

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

Case No. : I.A.(Civil)/1652/2026

ON THE DEATH OF LILI GOSWAMI HER LEGAL HEIRS SRI DIPANKAR

GOSWAMI AND ORS

S/O LATE PRAFULLA GOSWAMI,RESIDENT OF VILLAGE MOHMAIKI GAON

(PART 1) , PO BOKAKHAT, PS BOKAGHAT, DIST GOLAGHAT, ASSAM, 785612

2: GITU GOSWAMI DEVI @ GITU DEVI

D/O LATE PRAFULLA GOSWAMI

W/O RAMESH SARMA

RESIDENT OF VILLAGE MOHMAIKI GAON (PART 1)

PO BOKAKHAT

PS BOKAGHAT

DIST GOLAGHAT

ASSAM

785612

3: SMTI RITUMANI GOSWAMI

D/O LATE PRAFULA GOSWAMI

W/O ACHINTA KUMAR GOSWAMI

RESIDENT OF VILLAGE GOLAGHAT WARD NO. 1

ARENGA PARA

PO GOLAGHAT

PS GOLAGHAT

DIST GOLAGHAT

ASSAM

78562

VERSUS

THE CEMENT CORPORATION OF INDIA AND ORS

( A GOVERNMENT OF INDIA ENTERPRISE), CEMENT CORPORATION OF

INDIA LTD., CORE-5, SCOPE COMPLEX, 7 LODHI ROAD, NEW DELHI- 110003, REPRESENTED BY THE CHAIRMAN CUM MANAGING DIRECTOR

2:THE GENERAL MANAGER

CEMENT CORPORATION OF INDIA LTD.

P.O.-BOKAJAN

DIST-KARBI ANGLONG

ASSAM

PIN-782490

3:THE EMPLOYEES PROVIDENT FUND ORGANISATION

MINISTRY OF LABOUR AND EMPLOYMENT

GOVT. OF INDIA

BHAVISHYA NIDHI BHAWAN

14-BHIKAJI CAMA PLACE

NEW DELHI-110066

REPRESENTED BY THE CENTRAL PROVIDENT FUND COMMISSIONE

Advocate for the Petitioner : MR A HUSSAIN, N HASAN,MR. B K SEN

Advocate for the Respondent : MR J ROY, MR. S K CHAKRABORTY

Linked Case : WP(C)/4110/2021

MS. LILI GOSWAMI

W/O LATE PROFULLA GOSWAMI

VILL-AMTENGA

P.O.-BOKAKHAT

DIST-GOLAGHAT

ASSAM

PIN-785612

VERSUS

THE CEMENT CORPORATION OF INDIA AND 2 ORS.

( A GOVERNMENT OF INDIA ENTERPRISE)

CORE-5

SCOPE COMPLEX

7 LODHI ROAD

NEW DELHI-110003

REPRESENTED BY THE CHAIRMAN CUM MANAGING DIRECTOR

2:THE GENERAL MANAGER

P.O.-BOKAJAN

DIST-KARBI ANGLONG

ASSAM

PIN-782490

3:THE EMPLOYEES PROVIDENT FUND ORGANISATION

MINISTRY OF LABOUR AND EMPLOYMENT

GOVT. OF INDIA

BHAVISHYA NIDHI BHAWAN

14-BHIKAJI CAMA PLACE

NEW DELHI-110066

REPRESENTED BY THE CENTRAL PROVIDENT FUND COMMISSIONER

------------

Advocate for : MR. A GOGOI (LEGAL AID COUNSEL)

Advocate for : MR. J.ROY (SC

CCI) appearing for THE CEMENT CORPORATION OF INDIA AND 2 ORS.

BEFORE

HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

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ORDER

17.07.2026 Heard Mr. B K Sen, laerend counsel for the petitioner. Also heard Mr. B P Sharma, learned counsel for the respondent Nos. 1 & 2 as well as Ms. A Chakraborty, learned counsel for the respondent No. 3.

2. By way of this interlocutory application, the applicant seeks substitution of the legal heirs of the deceased petitioner in the connected writ petition, on the ground that, pursuant to the death of the petitioner, Smti. Lili Goswami, on 21.04.2024, the right to sue survives.

3. It appears that, during the pendency of the connected writ petition, the sole petitioner, Smti. Lili Goswami, expired. A copy of the death certificate evidencing her demise has been enclosed as Annexure-3 to the present interlocutory application.

4. It further appears that the right to sue survives upon the legal heirs of the deceased petitioner. Accordingly, the present application has been filed seeking substitution of the deceased petitioner by her legal heirs.

5. Learned counsel appearing for the respondents do not oppose the prayer made in the present interlocutory application.

6. Having heard the learned counsels for the parties and upon perusal of the materials available on record, it appears that the deceased petitioner is survived by the following legal heirs:

(i) Sri Dipankar Goswami (Son);

(ii) Gitu Goswami Devi @ Gitu Devi (Daughter); and

(iii) Smti. Ritumani Goswami (Daughter).

7. Considering that the right to sue survives, this Court is of the view that, in the interest of justice, the prayer for substitution deserves to be allowed. Accordingly, the application seeking substitution of the aforesaid legal heirs in place of the deceased petitioner, so as to enable them to prosecute the connected writ petition, is allowed.

8. Accordingly, the above-named legal heirs of the deceased petitioner shall be impleaded as petitioners in the connected writ petition.

9. Let an amended cause title be filed before the Registry within one week from today for carrying out the necessary corrections. Upon such filing, the Registry shall do the needful.

10. With the above observations and directions, the instant interlocutory application stands allowed and disposed of.

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