Patna High Court - Orders
M/S Gunja Kumari, vs The Metal Scrap Trade Corporation ... on 7 June, 2023
Author: Rajeev Ranjan Prasad
Bench: Rajeev Ranjan Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8189 of 2023
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M/S Gunja Kumari, Through its proprietor Smt. Gunja Kumari, female, aged
about 39 years, wife of Shri Mukesh Kumar, Khata No. 67, Kheshra No. 1708
and 1719, Sherpur, Muzaffarpur, District - Muzaffarpur, PIN - 842002.
... ... Petitioner
Versus
1. The Metal Scrap Trade Corporation Limited Through its Chief Managing
Director, Plot no.CF-18/2, Street No.175, Action Area IC, New Town,
Kolkata - 700156.
2. The Additional General Manager, E-Commerce, Metal Scrap Trade
Corporation Limited, Plot no.CF-18/2, Street No.175, Action Area IC, New
Town, Kolkata - 700156.
3. The Manager (ERO), Metal Scrap Trade Corporation Limited, Plot no.CF-
18/2, Street No.175, Action Area IC, New Town, Kolkata - 700156.
4. The Additional General Manager, Metal Scrap Trade Corporation Limited,
Patna Branch Office, 3rd Floor, DCM cum MRT Building SBPDCL, Road
No-01,D P Rai Path, Near R Block, Patna, Bihar, PIN-800001
5. The Deputy Manager, Patna Branch Office, Metal Scrap Trade Corporation
Limited, 3rd Floor, DCM cum MRT Building SBPDCL, Road No-01,D P
Rai Path, Near R Block, Patna, Bihar, PIN-800001.
6. The North Bihar Power Distribution Company Ltd. Through its Managing
Director, Third Floor, Vidyut Bhawan, Bailey Road, Patna 800001.
7. The Chief Engineer (S and P), North Bihar Power Distribution Company
Ltd., Vidyut Bhawan, Bailey Road, Patna 800001.
8. The Sr. Manager F and A, North Bihar Power Distribution Company Ltd.,
Vidyut Bhawan, Bailey Road, Patna 800001.
... ... Respondents
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Appearance :
For the Petitioner/s : Mr. Navendu Kumar, Advocate
For the Respondent/s : Mr. Vinay Kirti Singh, Sr. Advocate
Mr. Vijay Kumar Verma, Advocate
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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL ORDER
2 07-06-2023Heard learned counsel for the petitioner and learned counsel for North Bihar Power Distribution Company Limited (for short 'NBPDCL').
Learned counsel for the petitioner submits that the Patna High Court CWJC No.8189 of 2023(2) dt.07-06-2023 2/3 petitioner was not allowed to participate in the bidding process by MSTC for the reason disclosed in the e-mail dated 17.05.2023 which is part of Annexure-10 series. It is stated therein that her account was debarred as per instruction from seller (NBPDCL) for a period three years w.e.f. 19.07.2019.
Learned counsel for the petitioner submits that the NBPDCL never communicated the petitioner any debarment order, therefore, it appears that only for the purpose of somehow getting rid of the petitioner and to restrain her from participating in the bidding process some foul play inaction has been done. Learned counsel further submits that earlier on the date of bidding when the petitioner was facing difficulties, the petitioner approached MSTC and she was given to understand that it may be because of some technical glitch/server issue.
Learned counsel further submits that the NBPDCL has not disclosed as to whom the scraps have been sold in bidding process, therefore, the petitioner has not impleaded the successful bidder as a respondent.
It is his submission that the entire exercise has been carried out malafidely.
Learned counsel for the NBPDCL is present. He shall produce the original file in which the blacklisting/debarment of Patna High Court CWJC No.8189 of 2023(2) dt.07-06-2023 3/3 the petitioner has been dealt with.
The Chief Engineer (S and P), North Bihar Power Distribution Company Limited (respondent no.7) shall be personally present with the records to explain the same.
The NBPDCL shall also disclosed the name of the successful bidder.
Let this matter be listed tomorrow i.e. on 08.06.2023 for further hearing.
(Rajeev Ranjan Prasad, J) Rajeev/-
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