M/S. G.P.T. Infraprojects ... vs State Of Jharkhand And Others
2023 Latest Caselaw 3919 Jhar

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      (Letters Patent Appellate Jurisdiction)
                          L.P.A. No. 186 of 2016


M/s. G.P.T. Infraprojects Limited and another   ...  ...  Appellants
                                    Versus
State of Jharkhand and others                 ...  ...   Respondents
                                    ---

CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

---

For the Appellants : Mr. Debangshu Dinda, Advocate Mr. Shadab Eqbal, Advocate Mr. Haroon Rasheed, Advocate Mr. Anshuman Om, Advocate For the State : Mr. Mrinal Kanti Roy, GA-I For the Respondent No. 3 : Mr. Arnab Chakraborty, Advocate Mrs. Khushboo Kataruka, Advocate Mr. Shubham Kataruka, Advocate Mr. Md. Aslam, Advocate Ms. Uzma Sohail, Advocate Mr. Abhay Shankar, Advocate

---

th Order No. 49/Dated: 12 October 2023

Heard learned counsel for the parties.

2. Learned counsel for the respondent no. 3 has relied upon the following judgments :-

(i) "Principal Chief Engineer v. Manibhai & Brothers (Sleeper) & Anr." para 38 and 39 reported in 2011 SCC Online Guj 6058,

(ii) "SBP & Co. v. Patel Engineering" reported in (2005) 8 SCC

(iii) "Asst. Collector of Central Excise v. Dunlop India Ltd."

reported in (1985)1 SCC 260 para 3

(iv) "Quippo Construction Equipment Limited versus Janardhan Nirman Private Ltd. " (2020) 18 SCC 277 para 20 and 21

(v) "Narayan Prasad Lohia v. Nikunk Kumar Lohia and Ors".

reported in (2002) 2 SCC 572 para 16 and 20

(vi) "Eden Exports Co. v. Union of India" reported in MANU/ TN/ 2148/ 2012 : (2013) WLR 1-para 14,24

(vii) "Tirupati Steels v. Shubh Industrial Component" reported in (2022) 7 SCC 429 para 8 and 11.

3. In rejoinder, learned counsel for the appellants has relied upon the following judgments:-

(i) "Jayesh H. Pandya and another versus Subhtex India Limited and others" reported in (2020) 17 SCC 383

(ii) "Balvant N. Viswamitra and others versus Yadav Sadashiv Mule (dead) through LRS. And Others" reported in (2004) 8 SCC 706

(iii) "Jharkhand Urja Vikas Nigam Limited versus State of Rajasthan and Others" reported in 2021 SCC Online 1257

(iv) "Vijeta Construction versus Indus Smelters Ltd. and another" reported in 2021 SCC Online SC 3436.

(v) "Srirasthu Shopping Mall versus Micro and Small Enterprises" reported in 2023 SCC Online TS 151

(vi) Judgment dated 3rd January, 2022 passed in the case of M/s Heavy Engineering Corporation Ltd. vs. The State of Jharkhand and Others, L.P.A. No. 230 of 2019

(vii) Judgment dated 17th November 2022 The Jharkhand Bijli Vitran Nigam Ltd. vs. Vexcel Upkaram Private Limited passed in L.P.A. No. 242 of 2022.

4. Judgment reserved.

(Shree Chandrashekhar, J.)

(Anubha Rawat Choudhary, J.) Binit/Mukul