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Patna High CourtMJC/1836/2023disposed

Bvg India Ltd. v. The State Of Bihar

2023-09-11Mr. Justice P. B. Bajanthri,Mr. Justice Arun Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1836 of 2023 In Civil Writ Jurisdiction Case No.16899 of 2022 ====================================================== 1.

BVG India Ltd. a company incorporated under the Companies Act having its registered address at BVG House, Premier Plaza, Pune-Mumbai Road, Chinchwad Pune-411019, Maharashtra, through its Authorized Representative Raj Kumar Bhardwaj, Aged about 35 years (Male), son of Indreshwar Jha, Resident of NY/1/ N Jagdish Bhawan, Kachi Talab, Gardanibagh, Phulwari, P.s.-Gardanibagh, District-Patna. 2.

Sammaan Foundation a non-profit company registered under Companies Act having its office at SBI Colony No. 2, House No. 2/30, Jagdeo Path, Khajpura, Bailey Road, Patna-13 through its authorised representative Vivek Kumar Bhardwaj, aged about 29 years, (Male), Resident of Padmaytan, New Mahavir Colony, Hasanpura Road, Beur, Anisabad, PS-Beur, District-Patna. 3.

Consortium of BVG India Ltd. and Sammaan Foundation having its office at SBI Colony No. 2, House No. 2/30, Jagdeo Path, Khajpura, Bailey Road, Patna-13 through its Authorised representative Vivek Kumar Bhardwaj, aged about 29 years, (Male), Resident of Padmaytan, New Mahavir Colony, Hasanpura Road, Beur, Anisabad, PS-Beur, District-Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through Sri Pratyay Amrit, Son of not known, the Additional Chief Secretary, Health Department, having its office at 1st Floor, Vikas Bhawan, Bailey Road, Patna -800015. 2.

Sri Sanjay Singh, son of not known, the Executive Director, State Health Society, Bihar (SHSB), Government of Bihar, Patna. 3.

Sri Kamal Nayan, son of not known, Member, the Technical Committee, NIT Reference-1/SHSB/PPP (Ambulance)/2022-2023, State Health Society Bihar (SHSB), Government of Bihar, Patna.

4.

M/s Pashupatinath Distributors Private Limited having its registered address at F-2, Chandi Vyapar Bhawan 3rd Floor, Exhibition Road, Patna, P.S. Gandhi Maidan, -800001, Bihar through its Authorised representative. 5.

M/s GVK Emergency Management and Research Institute having registered office at Paigah House, 156-159, Saradar Patel Road, Secunderabad, Telangana-500003.

6.

Ziqitza Heath Care Ltd. Sunshine Tower, 23rd Floor, Senapati Bapat Marg, Dadar (W), Mumbai-400013.

.. ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nirbhay Prashant, Advocate For the Opposite Party/s :

Mr. P.K. Shahi, AG For State Health Society :

Mr. K.K. Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA

Patna High Court MJC No.1836 of 2023(3) dt.11-09-2023 2/2 ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 11-09-2023 Heard learned counsels for the respective parties.

2. The present contempt petition is filed for noncompliance of the order dated 26.04.2023 passed in C.W.J.C. No. 16899 of 2022.

3. Learned counsel for the petitioners, after arguing for some time, pointed out that certain amount which was required to be deposited by the contesting respondent has been reduced and it amounts to contempt. In the order dated 26.04.2023, there is no specific direction insofar as depositing of any amount to the official respondent insofar as compliance of the conditions in the NIT including deposit of certain amount.

4. Taking note of all the aforesaid material information, we are of the view that there is no contempt committed by the official respondent insofar as reducing certain deposit of amount.

5. Accordingly, present contempt petition stands dropped.

(P. B. Bajanthri, J) ( Arun Kumar Jha, J) GAURAV S./- U