M/S Mitra S.K. Hong Kong Limited & Anr vs Csir-Central Institute Of Mining & Fuel ... on 25 August, 2020

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Jharkhand High Court

M/S Mitra S.K. Hong Kong Limited & Anr vs Csir-Central Institute Of Mining & Fuel ... on 25 August, 2020

Bench: Rajesh Shankar

                        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                W.P.(C) No.5850 of 2019

            M/s Mitra S.K. Hong Kong Limited & Anr.            ..... ... Petitioners
                                               Versus
            CSIR-Central Institute of Mining & Fuel Research (CIMFR) & Anr.
                                                                .... .... Respondents
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CORAM : HON'BLE MR. JUSTICE RAJESH SHANKAR

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For the Petitioners : Mr. Indrajit Sinha, Advocate For the Respondents : Mr. Anil Kumar Sinha, Sr. Advocate Mr. Abhay Prakash, Advocate

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06/25.08.2020 The present writ petition is taken up today through Video conferencing.

I.A. No.4229 of 2020 The present interlocutory application has been filed on behalf of the petitioners seeking amendments in the writ petition.

Learned counsel for the petitioners submits that during pendency of the writ petition, the respondents have filed the supplementary counter affidavit on 6th July, 2020, whereby the petitioners came to know that pursuant to the tender issued by the respondent-CSIR-CIMFR being Tender No.PUR NIT No.25/SPO/2018-19, the work has been allocated to L1 i.e., M/s Cotecna Inspection Private Ltd., having its office at Office No.213, 214 and 215, the Summit Business Bay, Off Andheri-Kurla Road, behind Guru Nanak Petrol Pump, Mumbai-400069, Maharashtra and consequently an agreement dated 22nd May, 2020 has been executed (copy has not been made available on record). Learned counsel for the petitioners thus submits that in view of the said development having taken place during pendency of the writ petition, the petitioners seek amendments in cause title and paragraph 1 as well as prayer portion of the writ petition. The petitioners also seek insertion of some relevant statements. The proposed amendments have been detailed in paragraphs 6, 7 and 8 of the present interlocutory application. It is also submitted that the said amendments are required due to subsequent development, which has taken place in the matter and the same will not change nature of the writ petition and would also avoid multiplicity of the proceeding.

Mr. Anil Kumar Sinha, learned senior counsel appearing on behalf of the respondents though defends the action taken by the respondents in awarding the work to M/s Cotecna Inspection Private Ltd., yet he raises no objection with regard to the aforesaid amendments.

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Having heard learned counsel for the parties and for the reasons stated in the present interlocutory application, the amendments as prayed for by the petitioners which have been detailed in paragraphs 6, 7 and 8 of the interlocutory application are allowed.

I.A. No.4229 of 2020 stands disposed of.

W.P.(C) No.5850 of 2019

The petitioners are directed to file amended writ petition incorporating the aforesaid amendments.

Put up this case under the appropriate heading immediately after the amended writ petition is filed by the petitioners.

(Rajesh Shankar, J.) Rohit

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