Patna High Court - Orders
The Secretary, Health Cum Executive ... vs M/S Suraksha Diagnostics Pvt. Ltd. on 11 February, 2025
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1271 of 2024
In
Civil Writ Jurisdiction Case No.15034 of 2014
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The Secretary, Health cum Executive Director State Health Society Bihar &
Anr.
... ... Appellant/s
Versus
M/s Suraksha Diagnostics Pvt. Ltd. & Anr.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. P.K. Shahi, Sr. Advocate
Mr. K.K. Sinha, Advocate
For the State : Mr. Additional Advocate General (9)
For Respondent No.1 : Mr. Ashish Giri, Sr. Advocate
Ms. Riya Giri, Advocate
Mr. Sumit Kumar Jha, Advocate
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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
(Per: HONOURABLE THE ACTING CHIEF JUSTICE)
5 11-02-2025By the impugned judgment, the learned Single Judge found that the appellants/respondents only had delayed the sending of draft MOU and that the terms and conditions were not mutually agreeable and therefore, the writ petitioner had replied through an e-mail detailing his objections.
2. Based on this as well as other facts, the forfeiture of the security amount and encashment of the bank guarantee was held to be unwarranted and against Patna High Court L.P.A No.1271 of 2024(5) dt.11-02-2025 2/3 the law.
3. By the impugned judgment, the amount of bank guarantee has been directed to be refunded to the respondents with 9% interest.
4. On notice, the respondent No. 1 has appeared and has challenged the maintainability of this appeal on the ground of limitation, especially when no explanation has been offered for the delay of 131 days in preferring this appeal.
5. In support of the aforenoted contention, two decisions of the Supreme Court have been cited namely State of Madhya Pradesh vs. Ramkumar Choudhary; 2024 SCC OnLine SC 3612 and H. Guruswamy and others vs. A. Krishnaiah Since Deceased by Lrs.; 2025 SCC OnLine SC 54, wherein it has been held that the High Court and the other Courts may not take resort to concepts of "liberal approach";
"justice oriented approach"; "substantial justice" etc. for frustrating or jettisoning the substantial law of limitation. Patna High Court L.P.A No.1271 of 2024(5) dt.11-02-2025 3/3
6. Let the appellants respond to such objection.
7. In the meantime, the contempt Court is requested not to proceed with the matter any further and take any precipitate action till the disposal of this appeal.
8. Let this matter come up again for consideration on 5th of March, 2025, retaining its priority.
(Ashutosh Kumar, ACJ) (Partha Sarthy, J) Anushka/Sunil-
U