Shailesh Kumar vs The Union Of India And Ors
2023 Latest Caselaw 2482 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.22189 of 2011
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Shailesh Kumar, Son Of Bishundeo Prasad Resident Of Mohalla - Jawahar Nagar Near Old Patna Bus Stand, Nawada, P.O., P.S. and District - Nawada

... ... Petitioner/s Versus

1. The Union Of India through the Secretary, Ministry of Petroleum, Government of India, New Delhi.

2. The Hindustan Petroleum Corporation Ltd., Registered Officer, 17 Jamshedji Tata Road, Mumbai

3. The Deputy General Manager, Lpg Sbu, East Zone, Hindustan Petroleum Corporation Ltd., Industry Hous 7th Floor, 10 Camac Street, Kolkata - 700017West Bengal

4. Swapan K Saha, Senior Manage, Engineering And Purchase Lpg Sbu East Zone, Hindustan Petroleum Corp

5. The Regional Manager Lpg , Patna Lpg Regional Officer, Hindustan Petroleum Corporation Ltd, Lok Na

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

For the Petitioner/s : Mr. Gopal Bohra, Advocate For the Respondent/s : Mr. Rabindra Nath Kanth, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 18-05-2023

Heard learned counsels for the respective parties.

2. In the instant petition, petitioner has prayed for the

following relief/reliefs:

"(I) For Quashing/setting aside the Tender contained in Tender No.EZ-LPG/10-11/007 of dated 10.11.10 invited for transportation of packed LPG cylinder from Purnea and Barauni LPG Plant. Patna High Court CWJC No.22189 of 2011 dt.18-05-2023

(II) For quashing the order-dated 16.08.2011 passed by the Respondent No. 4 (Annexure

- 3) whereby the petitioner has been disqualified from the tender process and the entire earnest money Deposit a sum of Rs. 2,10,000/- has been forfeited.

(III) For any other relief/reliefs for which the petitioners would be found entitled under the facts and circumstances of the case."

3. No interim order has been granted insofar as staying

the operation of NIT, therefore, subject matter of NIT dated

10.11.2010 has spent its force, therefore, what remains in the

present petition is whether petitioner is entitled to refund of EMD

amount or not?

4. EMD amount is stated to have been forfeited on the

score that petitioner was disqualified. In this regard, petitioner is at

liberty to invoke the arbitration clause. Accordingly, the present

writ petition stands disposed of.

(P. B. Bajanthri, J)

( A. Abhishek Reddy , J)

GAURAV S./-

AFR/NAFR
CAV DATE
Uploading Date          20.05.2023
Transmission Date