M/S Inductus Consultants P Ltd. And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19896 of 2014 ===========================================================
1. M/s Inductus Consultants (P) Limited through its Managing Director, Head Office C-927, Palam Extension, Section-07, Dwarka, New Delhi- 110045, Registered Office 311, N.P. Center, New Dakbunglow Road, Patna- 800001.
2. Alok Kumar, S/O Sri Anand Bihari Prasad, Managing Director, M/s Inductus Consultants (P) Limited Address- 311, N.P. Center, New Dakbunglow Road, Patna800001. .... .... Petitioners
Versus
1. The State of Bihar
2. The Principal Secretary, Department of Health, Government of Bihar, Patna .... Respondent 1st Set
3. The Union of India
4. The Secretary, Ministry of Health, Government of India, New Delhi .... Respondent 2nd Set
5. The Indira Gandhi Institute of Medical Sciences (IGIMS), through its Director, Sheikhpura, Bailey Road, Patna
6. The Director, Indira Gandhi Institute of Medical Sciences (IGIMS), Sheikhpura, Bailey Road, Patna
7. The Medical Superintendent, Indira Gandhi Institute of Medical Sciences (IGIMS), Sheikhpura, Bailey Road, Patna .... Respondent 3rd Set ...
8. Dr. S.K. Sahi, son of name not known to the petitioner, Medical Superintendent, Indira Gandhi Institute of Medical Sciences (IGIMS), Sheikhpura, Bailey Road, Patna
9. M/S Frontline (NCR) Business Solution Pvt. Ltd. through its Managing Director, 2nd and 3rd Floor, Jotipuram Complex, Block- A, Jagdeep Path Chowk, Patna- 20. .... Respondent 4th Set =========================================================== Appearance :
For the Petitioners : Mr. Ashutosh Ranjan Pandey, Advocate For the Union of India : Ms. Kanak Verma, CGC For the IGIMS Mr. Sunil Kumar Singh, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 06-01-2016 Heard learned counsel for the petitioners and learned counsel for the Respondents.
2. The writ petition has been filed for quashing the letter
Patna High Court CWJC No.19896 of 2014 dt.06-01-2016 No. 3338 dated 24.10.2014 (Annexure-8) and award of the concerned work to the Respondent No. 9.
3. Learned counsel for the petitioners fairly states that the relevant agreement contemplated a period of 11 months for completion of the work which has already elapsed.
4. In that view of the matter, the prayer of the petitioners for finalizing the tender after opening the financial bid of the bidders has been rendered infructuous by efflux of time and no relief in this regard can be granted.
5. Learned counsel for the petitioners states that even though the petitioners had executed the work awarded to it under the earlier tender and for which bills had been submitted, payments for the same have yet to be made.
6. In the absence of any specific pleading or prayer in this behalf, this Court is not inclined to grant any positive relief.
7. The writ petition is accordingly disposed of with the observation that the petitioners shall be at liberty to file a representation before the Director, Indira Gandhi Institute of Medical Sciences (IGIMS), Sheikhpura, Bailey Road, Patna (Respondent No. 6) for redressal of their grievances with regard to any outstanding bills.
(Vikash Jain, J) Chandran U