Patna High Court
M/S I V R C L Ltd vs Bihar Urban Infrastructure ... on 5 March, 2024
Bench: Chief Justice, Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4443 of 2015
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M/s I V R C L Ltd. Having its Bihar Regional Officer at H. No. 14, Falt No.
A1, Kamta Sdan Apartments, kamta Singh Kam Lane, Near Oro Dental
Clinic, East Boring Canal Road, Patna, Bihar-800001, through the Regional
Head, Shri Rajesh Lal Singh, S/o Shri Bachchu Lal Singh.
... ... Petitioner/s
Versus
1. Bihar Urban Infrastructure Development Corporation Ltd. having its office
at 303, Maurya Tower, Budha Marg, Patna-800001, through the Managing
Director.
2. The Managing Director, Bihar Urban Infrastructure Development
Corporation Ltd., having its office at 303, Maurya Tower, Budha Marg,
Patna-800001
3. The Chief General Manager, Bihar Urban Infrastructure Development
Corporation Ltd. having its office 303, Maurya Tower, Budha Marg, Patna-
800001
4. The General Manager Works, Bihar Urban Infrastructure Development
Corporation Ltd. having its office at 303, Maurya Tower, Budha Marg,
Patna-800001
5. The General Manager Tech, Bihar Urban Infrastructure Development
Corporation Ltd. having its office at 303, Maurya Tower, Budha Marg,
Patna-800001
6. The Project Director, SIU - 5, Bihar Urban Infrastructure Development
Corporation Ltd. having its office at 303, Maurya Tower, Budha Marg,
Patna-800001
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mrs. Namrata Mishra, Advocate
Mr.Alok Ranjan, Advocate
For BUDCO : Mr. Lalit Kishore, Sr. Advocate
Mr. Rabindra Kumar Priyadarshi, Advocate
Mr. Kanishka Shankar, Advocate
For the State : Mr. Sunil Kumar Mandal, Advocate
Mr. Bipin Kumar AC to SC-3
For the Nagar Parishad : Mr. Rabindra Priyadarshi, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 05-03-2024
The petitioner is concerned with an order passed on
Patna High Court CWJC No.4443 of 2015 dt.05-03-2024
2/3
18.10.2013
, which is produced as Annexure-30. The impugned
order debars the petitioner for the reason of non-compliance of
the terms of the agreement entered into between the parties
indefinitely.
2. The learned counsel for the petitioner has sought
time on the ground that the company is under liquidation, which
we reject, since, the challenge to the impugned order does not
depend upon the company's liquidation. In any event, we see
that the order was passed in 2013, and the petitioner company
has suffered the blacklisting order for almost 11 years. It is for
the respondent authority to consider whether at this point,
blacklisting need be continued or not.
3. Considering the gravity of the offences alleged
against the petitioner, the respondent authority definitely could
fix a specific period within which the blacklisting could have
been imposed, as has been held in the case of Kulja Industries
Vs. Chief General Manager, Western Telecom Project, Bharat
Sanchar Nigam Limited & Ors reported in (2014) 14 SCC 731.
4. In the above circumstances, we close the writ
petition with a direction to the respondent authority, who issued
Annexure-30 to consider lifting of blacklisting based on the
aforesaid decision of the Hon'ble Supreme Court, on a
Patna High Court CWJC No.4443 of 2015 dt.05-03-2024
representation being filed by the petitioner. We do not specify
the time for filing the representation only because the company
is said to be under liquidation. If the company is revived, at that
point, the company could approach the respondent authority for
the above relief.
5. The writ petition stands disposed of with above
liberty.
(K. Vinod Chandran, CJ)
(Harish Kumar, J)
ranjan/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 07.03.2024
Transmission Date NA
