Patna High Court - Orders
Louis Berger Group Inc. vs The State Of Bihar on 16 September, 2019
Author: Rajeev Ranjan Prasad
Bench: Rajeev Ranjan Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11083 of 2019
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Louis Berger Group Inc. a Company originally incorporated under the laws of
the United States of America,having its office address at 412 Mount Kemble
Avenue,PO Box 1946, Morristown,New Jersey 07962,U.S.A. acting through
its place of business duly8 notified and established in terms of Section 592 of
the Companies Act, 1956 at Surinder Jakhar Bhavan, (IFFCO Complex),
Sector 32, P.S. Sadar Police Station, town Gurugram (Gurgaon), District
Gurugram (Gurgaon),represented by its constituted power of Attorney,Surajit
Bhattacharya,S/o Narayan Bhattacharya,Male,about 45 year,R/o Flat 4c,Block
A, Tridev Garden,Ghosh Para,P.O. Krishnapur,P.S. Baguiati,Dist. North 24
Parganas (West Bengal).
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Department of Energy,Govt.
of Bihar,Patna
2. The Principal Secretary, Department of Energy, Govt. of Bihar,Patna
3. Bihar State Power Holding Company Limited through its Chairman cum
Managing Director, Patna
4. Chairman cum Managing Director, Bihar State Power Holding Company
Limited,Patna
5. South Bihar Power Distribution Company Limited through its Managing
Director,Patna
6. Managing Director, South Bihar Power Distribution Company Limited,Patna
7. Chief Engineer(Department of Rural Electrification), South Bihar Power
Distribution Company Limited,Patna
8. Chief Engineer,Project-1, (Rural), South Bihar Power Distribution Company
Limited,Patna
9. Director (Projects) South Bihar Power Distribution Company Limited,Patna
10. Executive Electrical Engineer(EEE),Projects, South Bihar Power
Distribution Company Limited,Patna Circle,Patna
11. Electrical Superintending Engineer (ESE), South Bihar Power Distribution
Company Limited,Patna Circle,Patna
12. Electrical Superintending Engineer (ESE), Rural Electrification,South Bihar
Power Distribution Company Limited,Patna
13. Assistant Electrical Engineer, Projects,South Bihar Power Distribution
Company Limited,Fatwa,Patna
14. Assistant Electrical Engineer, Rural Electrification,South Bihar Power
Distribution Company Limited,Patna Circle,Patna
15. Executive Electrical Engineer(EEE), Projects,South Bihar Power
Distribution Company Limited,Nalanda
16. Electrical Superintending Engineer(ESE), Supply,Projects,South Bihar
Power Distribution Company Limited,Nalanda
Patna High Court CWJC No.11083 of 2019(3) dt.16-09-2019
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17. Electrical Superintending Engineer (ESE), Rural Electrification,South Bihar
Power Distribution Company Limited,Nalanda
18. Assistant Electrical Engineer, Projects,South Bihar Power Distribution
Company Limited,Nalanda
19. Assistant Electrical Engineer, Rural Electrification,South Bihar Power
Distribution Company Limited,Nalanda
20. Executive Electrical Engineer(EEE), Projects,South Bihar Power
Distribution Company Limited,Nalanda
21. Electrical Superintending Engineer, South Bihar Power Distribution
Company Limited,Bhagalpur
22. Electrical Superintending Engineer(ESE), South Bihar Power Distribution
Company Limited,Banka
23. Assistant Electrical Engineer, Projects,South Bihar Power Distribution
Company Limited,Banka
24. Assistant Electrical Engineer, Rural Electrification,South Bihar Power
Distribution Company Limited,Banka
25. Executive Electrical Engineer(EEE), Projects,South Bihar Power
Distribution Company Limited,Gaya
26. Executive Electrical Engineer(EEE), Projects,South Bihar Power
Distribution Company Limited,Sherghati
27. Electrical Superintending Engineer(ESE), South Bihar Power Distribution
Company Limited,Patna Circle,Gaya
28. Electrical Superintending Engineer(ESE), Rural Electrification,South Bihar
Power Distribution Company Limited,Gaya
29. Assistant electrical Engineer, Projects,South Bihar Power Distribution
Company Limited,Fatwa,Gaya
30. Assistant Electrical Engineer, Rural Electrification,South Bihar Power
Distribution Company Limited,Patna Circle,Gaya
31. Executive Electrical Engineer (EEE), Projects,South Bihar Power
Distribution Company Limited,Sasaram,Dist.--Rohtas
32. Electrical Superintending Engineer(ESE), Projects,South Bihar Power
Distribution Company Limited,Sasaram,Dist.-Rohtas
33. Electrical Superintending Engineer(ESE), South Bihar Power Distribution
Company Limited,Sasaram,Dist.Rohtas
34. Assistant Electrical Engineer, Projects,South Bihar Power Distribution
Company Limited,Sasaram,Dist.Rohtas
35. Assistant Electrical Engineer, Rural Electrification,South Bihar Power
Distribution Company Limited,Sasaram,Dist.Rohtas
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Jitendra Singh, Adv.
Mr.Harsh Singh, Adv.
Patna High Court CWJC No.11083 of 2019(3) dt.16-09-2019
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Mr. Yash Singh, Adv.
Mr. Amit Singh, Adv.
For the State : Mr.Rajiv Roy (GP-1)
Mr. Arun Kumar, AC to GP-1
For the Power Company: Mr. Anand Kumar Ojha, Adv.
Mr. Ashok Kumar Karn, Adv.
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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL ORDER
3 16-09-2019Having heard learned senior counsel for the petitioner and learned counsel representing the respondent Power Company what has ultimately been agreed at the bar is that Annexure-19 to the writ application has to be set aside and the matter be remitted to the competent authority to consider the entire issues afresh.
Mr. Ojha learned counsel representing the respondent Power Company and its authorities submits that being an officer of the Court with an intention to assist this Court he has come to a considered opinion that the impugned order, as contained in Annexure-19, is required to be set aside because it does not consider the show cause of the petitioner and there being no discussion on the issues raised by the petitioner in its show cause the matter may be remitted for a fresh consideration.
Mr. Singh, learned senior counsel representing the petitioner at this stage submits that the petitioner has raised some arguable issues including that the respondents who are Patna High Court CWJC No.11083 of 2019(3) dt.16-09-2019 4/5 party to the contract with the petitioner cannot be a judge of their own case and in case the matter is being remitted to the respondents, all such issues which are available to the petitioner may be allowed to be raised before the competent authority. Learned senior counsel further submits that the petitioner may also be granted opportunity to file a supplementary show cause within a period of three weeks from today and then let the competent authority consider all those issues which are raised in the show cause and would be raised in the additional show cause.
In view of the aforesaid submissions and the resolution offered at this stage by the parties, the impugned order, as contained in Annexure-19 to the writ application, is hereby set aside. The matter is remitted to the competent authority (respondent no.7) who will now allow three weeks time to the petitioner to file an additional show cause and thereafter would proceed with the matter giving an opportunity of hearing to the parties. The whole exercise will be completed by the competent authority within a period of three months from the date of receipt/production of a copy of this order.
Let it be made clear that on the date fixed in the matter for hearing if the parties do not appear, the competent Patna High Court CWJC No.11083 of 2019(3) dt.16-09-2019 5/5 authority would not be required to stop itself and shall proceed to decide the matter on the basis of the materials available on the record.
(Rajeev Ranjan Prasad, J) arvind/-
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