Gauhati High Court
WP(C)/713/2026 of NAVIN AGARWAL AND ANR Vs THE STATE OF ASSAM AND 4 ORS on 10 May 2026
GAHC010288562025 2026:GAU-AS:6412 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/713/2026 NAVIN AGARWAL AND ANR S/O SHRI NARENDRA PRASAD AGARWAL, BEING THE PARTNER OF RHINO INDUSTRIES A MSME REGISTERED FIRM HAVING REGISTERED OFFICE AT RHINO
GAHC010288562025
2026:GAU-AS:6412
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/713/2026
NAVIN AGARWAL AND ANR
S/O SHRI NARENDRA PRASAD AGARWAL, BEING THE PARTNER OF RHINO
INDUSTRIES A MSME REGISTERED FIRM HAVING REGISTERED OFFICE AT
RHINO INDUSTRIES, BUILDING MODERTULI, ROAD CHANGMAJI PATHER, TOWN CHANGMAJI PATHER, BLOCK BINA KANDI, P.O. MODERTULI, DIST.
2: M/S RHINO INDUSTRIES
BEINGS REGISTERED MSME FIRM HAVING OFFICE AT RHINO
INDUSTRIES BUILDING
MODETOLI
ROAD
CHANG MAJI PATHER VILLAGE ROAD
CHANG MAJHI PATHER BLOCK
BINAKANDI
POST OFFICE AT MODETOLI
DIST. NAGAON
ASSA
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE LD. COMMISSIONER OF INDUSTRIES, GOVT. OF
ASSAM, UDYOG BHABAN, BAMUNI MAIDAN, INDUSTRIAL ESTATE, GUWAHATI, ASSAM, PIN 781021
2:THE MICRO AND SMALL ENTERPRISES FACILITATION COUNCIL
(MSEFC)
ASSAM
REPRESENTED BY CHAIRPERSON ADDRESS- COMMISSIONER OF
INDUSTRIES
GOVERNMENT OF ASSAM
UDYOG BHAVAN
BAMUNI MAIDAN
INDUSTRIAL ESTATE
GUWAHATI
ASSAM
781021.
3:THE COMMISSIONER OF INDUSTRIES
GOVERNMENT OF ASSAM
ADDRESS- UDYOG BHAVAN
BAMUNI MAIDAN
INDUSTRIAL ESTATE
GUWAHATI
ASSAM
781021.
4:SIMPLEX INFRASTRUCTURE LIMITED
REPRESENTED BY THE DIRECTOR
REGISTERED OFFICE AT SIMPLEX HOUSE
SHAKESPEARE SARANI
KOLKATA-700017
WEST BENGAL.
5:NATIONAL HIGHWAY AND INFRASTRUCTURE DEVELOPMENT
CORPORATION LIMITED
A CENTRAL GOVERNMENT UNDERTAKING
REPRESENTED BY THE MANAGING DIRECTOR
OFFICE AT 1ST AND 2ND FLOOR
TOWER A
WORLD TRADE CENTRE
NAUROJI NAGAR NEW DELHI-110029
For the Petitioner(s) : Mr. G. R. Dutta, Advocate For the Respondent(s) : Mr. G. Bokolial, Government Advocate : Mr. R. K. Talukdar, Standing Counsel BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
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ORDER
Date : 11.05.2026
Heard Mr. G. R. Dutta, the learned counsel appearing on behalf of the Petitioners and Mr. G. Bokolial, the learned Government Advocate appearing on behalf of the Respondent Nos. 1, 2 and 3. I have also heard Mr. R. K. Talukdar, the learned Standing counsel, appearing on behalf of the Respondent No.5. None appears on behalf of the Respondent No.4 although the service is complete.
2. The Petitioner herein has approached this Court seeking a direction upon the Respondent No.2 to dispose and conclude the Samadhaan Case No.AS/22/S/ASM/00246 which has been pending before the Respondent No.2 within a specified time by giving an opportunity of hearing to the Petitioners.
3. The record reveals that pursuant to a notice being issued by this Court on 11.02.2026, instructions were placed by Ms. U. Das, the learned Additional Senior Government Advocate on 25.03.2026.
4. Be that as it may, today also, Mr. G. Bokolial, the learned Government Advocate appearing on behalf of the Respondent Nos. 1, 2 and 3 again placed emphasis on the instructions dated 25.03.2026. The said instructions are kept on record and marked with the letter “X”.
5. From a perusal of the said instructions, it is seen that though the Petitioners had filed an application before the
Respondent No.2 which was registered as Samadhaan Case No.AS/22/S/ASM/00246 but on account of non-appearance of the Petitioners as well as the Respondents on two consecutive dates in the 17th Meeting held on 21.05.2024, the application so filed by the Petitioners was closed.
6. The learned counsel for the Petitioners submitted that there was no information provided to the Petitioners about the date being fixed on 21.05.2024. He however submitted that in view of the closure of the case which have been filed by the Petitioners on the basis of the Minutes of the 17th Meeting of the Respondent No.2 held on 21.05.2024, the Petitioners would be well advised to take appropriate steps against the Minutes of the Meeting dated 21.05.2024. He therefore submitted that the Petitioners would not like to pursue the instant proceedings without prejudice to their claims made in the instant proceedings.
7. Taking into account the above, the instant writ petition stands closed on withdrawal.
8. It is observed that the withdrawal of the instant writ petition shall not prejudice the Petitioners for seeking appropriate remedies against the closure of the case being Samadhaan Case No.AS/22/S/ASM/00246 on the basis of the Minutes of the 17th
Meeting of the Respondent No.2 held on 21.05.2024.
JUDGE Comparing Assistant