M/S Cico Patel Jv. v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5711 of 2016 ====================================================== M/s Cico Patel JV., (a Joint venture Unit constituted by M/S Patel Engineering Limited, a Company Incorporated under the Indian Companies Act, 1956 and M/S Chongqing International Construction Corporation, a Company registered under Chineses Companies Act having its registered office at No.40, Sixin Road, Yuzong, District- Chinginq, China having its Indian Office at- 603, Shrikant Chamburs, Phase- 1, 6th Floor Adjacent to R.K.Studio, Trombay Road, Chembur, Mumbai -400071, Maharastra and joint Venture Unit having its Local Office at behind, Indira Gandhi Institute of Medical Sciences, Sheikhura, Patna 800014, duly represented through its Authorised Signatory, Mr. Pramod Kumar.

... ... Petitioner/s

Versus

1.

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

2.

Director, Indira Gandhi Institute of Medical Sciences, Sheikhpura, Patna800014. 3.

Superintending Engineer, Indira Gandhi Institute of Medical Sciences, Sheikhpura, Patna- 800014.

4.

Executive Engineer, Indira Gandhi Institute of Medical Sciences, Sheikhpura, Patna- 800014.

5.

D.D.F. Consultants Private Limited, a consultant Firm to Indira Gandhi Institute of Medical Science, 501,B-9 ITL, Twin Towers, Netaji Subhash Place, Pitampura, New Delhi-110034.

6.

Board of Governors, I.G.I.M.S. through its Member Secretary (Director, I.G.I.M.S.), Sheikhpura, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. S.D. Sanjay, Sr Advocate Mr. Anurag Saurav, Advocate For the State :

Mr. Jay Prakash Sharma, AC to GP-21 For the IGIMS :

Mr. Sunil Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 07-09-2022 Heard learned counsel for the parties.

Mr. S.D. Sanjay, learned senior counsel for the

Patna High Court CWJC No.5711 of 2016(20) dt.07-09-2022 2/2 petitioner submits that the entire work has been completed. However, liquidated damages which were deducted from his bills and security by way of Bank guarantee is still being retained by the Indira Gandhi Institute of Medical Sciences (hereinafter referred to as the 'IGIMS').

Learned counsel appearing for the respondentIGIMS does not controvert the aforesaid statement and submits that both amounts shall be released at the earliest, in any case, not later than one month.

The writ petition stands disposed off.

(Rajan Gupta, J) (Dr. Anshuman, J) P. Kumar U