M/S Shiva Corporation ( India ) Pvt. Ltd. v. The Bihar State Power ( Holding ) Company Limited

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7825 of 2020 ====================================================== M/s Shiva Corporation ( India ) Pvt. Ltd. a company incorporated under the Indian Companies Act, 1956, having its Office at A-24,Ambabari Sikar Road, Jaipur-302012 (Rajasthan) along with his Joint Venture Partner M/S Kashmiri Lal Construction Pvt. Ltd. having its Office at 825, Gandhi Chowk, Ranikhet, Almora, Uttarakhand-263645, through one of it's authorized signatory Kailash Gupta @ Kailash Chand aged about 56 Years (Male), S/o Sri Murari Lal Gupta R/o Purani Truck Union, Mandrayal Road, Karauli, Rajasthan. ... ... Petitioner

Versus

1.

The Bihar State Power (Holding) Company Limited a company incorporated Under the Indian Companies Act, 1956, having its head Office at Vidhyut Bhawan, Bailey Road, Patna through it's Chairman Cum-Managing Director.

2.

The Managing Director, South Power Distribution Company Limited, Vidhyut Bhawan, Bailey Road, Patna.

3.

The Chief Engineer (Planning and Engineering), South Bihar Power Distribution Company Limited, Vidhyut Bhawan, Bailey Road, Patna. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

None For the Power Company :

Mr.Anand Kumar Ojha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 07-10-2020 None appears on behalf of the petitioner when the matter is called. The petitioner was not represented on the last two occasions as well, namely 01.10.2020 and 05.10.2020 respectively.

2. Learned counsel for the respondent-Power Company submits that much water has flown since filing of the writ petition which had been filed for quashing the notice received by the petitioner through e-mail on 14.08.2020 by which it has been disqualified in the technical bid of the tender

Patna High Court CWJC No.7825 of 2020(2) dt.07-10-2020 2/2 submitted by the petitioner on 25.07.2020.

3. It is stated at the Bar on instruction that financial bid has since been opened and the tender has already been awarded, pursuant to which an agreement has also been entered into in favour of a third party.

4. Be that as it may and in view of consistent nonappearance by the petitioner, the writ petition is dismissed for non-prosecution.

(Vikash Jain, J) HR/Ibrar U