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2013 Supreme(Pat) 49

RAMESH KUMAR DATTA
NCC Ltd. – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioner/s:Mr. Y.V. Giri, Sr. Advocate with Mr. Ashish Giri, Advocate
For the State:Mr. Awdhesh Kumar Pandey GA 9 with Mr. Pawan Choudhary, Advocate, Mr. Prashant Pratap, G.P.6 with, Mr. Asit Kumar Jha, Advocate

ORDER

Heard learned counsel for the petitioners in both the cases and learned counsels for the State.

2. Both the writ applications raise common issues and have accordingly been heard together and are being disposed of by this common order.

3. In CWJC No. 19809 of 2011 direction has been sought to quash the order dated 18.10.2011 issued by the respondent Engineer-in-Chief (Central), Water Resources Department, Government of Bihar in which after holding the petitioner as having not made proportionate progress in completion of the work as per the contract in terms of Clauses 3.3 and 4.8 of the SBD (Standard Bidding Document) the petitioner M/s. NCC Ltd. has been declared a defaulter and debarred from participating in all future tenders.

4. In CWJC No.97 of 2012 also by an order dated 30.9.2011 the Engineer-in-Chief (Central) has for the same reasons held the petitioner M/s. IVRCL Ltd. as defaulter and debarred from participating in future tenders.

5. Both the orders have been challenged by the petitioners in the present writ petitions.

6. In the first writ petition M/s. NCC Ltd. had been awarded a contract for execution of certain works for restoration of Eastern Gandak Canal System inc








































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