Nishka Security And Intelligence Services v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1314 of 2023 ====================================================== Nishka Security and Intelligence Services a partnership firm having its Office at BG- 3, Royal Garden, Nageshwar Colony, P.S. - Budha Colony, Patna - 800001 through its partner, Smt. Ragini Ranjan, aged about 58 years (female), Wife of Rajeev Ranjan, resident of Flat No. 404, Veena Shri Apartment, New Punaichak, P.S. - Shastri Nagar, District - Patna, Pin - 800023. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Health, Government of Bihar, Patna.

2.

The Patna Medical College Hospital, Patna through its Superintendent. 3.

The Superintendent Patna Medical College, Hospital, Patna. 4.

The Deputy Superintendent, Patna Medical College, Hospital, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr. Saket Tiwary, Adv.

For the State :

Mr. Rajeshwar Singh (Ga10), Adv.

Mr. Jitendra Kumar, Adv. AC to GA-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL JUDGMENT Date : 28-03-2023 Learned counsel for the petitioner, by way of this writ petition, has prayed as under:- "(i) For issuance of writ of certiorari for setting aside the order contained in Memo No. 10091 dated 20.10.2022 by which the Superintendent of the Patna Medical College Hospital, Patna has forfeited two bank guarantee of Rs. 2,00,000/- each and adjusted Rs. 63,46,720/- and Rs. 67,46,720/- total amounting to Rs. 1,30,93.440/-.

(ii) For direction to the respondents

Patna High Court CWJC No.1314 of 2023 dt.28-03-2023 2/2 to return the bank guarantee and pay the pending dues to the petitioner for the services rendered to the respondent Patna Medical College Hospital.

(iii) For any other relief/reliefs which is fit in the facts and circumstances of the case and in the interest of justice."

The Commercial Courts Act, 2015 provides adequate remedy of raising disputes of the aforesaid nature. Granting liberty to the petitioner to file suit for redressal of his grievances.

This writ petition is disposed of.

(Sanjeev Prakash Sharma, J) Gauravkr/- Item No. 34 AFR/NAFR CAV DATE Uploading Date 18.04.2023 Transmission Date