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Patna High Court - Orders

Shrinet & Shandilya Construction ... vs The State Of Bihar & Ors on 28 May, 2015

Author: Navaniti Prasad Singh

Bench: Navaniti Prasad Singh

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.8300 of 2015
                 ======================================================
                 Shrinet & Shandilya Construction Private Limited
                                                                        .... .... Petitioner/s
                                                   Versus
                 The State of Bihar & Ors
                                                                       .... .... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :    Mr. Pritish Kumar Lal
                 For the State           : Mrs. Namrata Mishra- G.A.13
                                             Mr. S.S.P. Sinha, A.C. to G.A.13
                 For Respondent Nos.6 to13: Mr.Gopesh Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH
                 ORAL ORDER

2   28-05-2015

Heard learned counsel for the petitioner and learned counsel for the State, as also learned counsel for the respondent- Bank.

Mr. Y.V. Giri, learned senior counsel for the petitioner submits that the contract work for maintenance of roads was given to the petitioner but because of disruption of traffic of Gandhi Setu and Rajendra Bridge at Barauni, the traffic was diverted to the Bhagalpur Bridge, for which the road was not designed. The State, accordingly, requested the petitioner to revise the estimate. It was submitted and was being considered that the revised work was to be scheduled, but suddenly the contract has been cancelled and the bank-guarantee revoked. It is submitted that this is an arbitrary action of the respondents.

Be that as it may, let learned counsel for the State take Patna High Court CWJC No.8300 of 2015 (2) dt.28-05-2015 2 instruction and file a comprehensive counter affidavit.

Till further orders, the revocation of bank guarantee would not be insisted upon by the State.

It would be better, if the parties consider going for alternative dispute redressal as provided by law under D.R.E. or Tribunal.

(Navaniti Prasad Singh, J) V.P.Sinha/-

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