1. Both the applications raise common issue inasmuch as they are directed against the identical order(s) passed on 11.12.2011 by the respondent Engineer-in-Chief, Central, Water Resources Department, Government of Bihar whereby it has been communicated to the petitioners that in exercise of Clauses 3.3 and 4.8 of the Standard Bid Document (SBD), the petitioners have been declared defaulters and thereby prohibited from participating in future tender(s). They have thus been heard together and are being disposed of by the present order.

2. For the sake of convenience, factual matrix shall be noticed from C.W.J.C. No. 22811 of 2011. Additional facts stated in C.W.J.C. No. 22823 of 2011, if need be, shall be noticed separately.

3. The petitioner company was selected and awarded the contract by the respondent for execution of work regarding "Raising, Strengthening and "Construction of Bituminous Road" (including reconstruction/restoration of structures) on Koshi embankment in different stretches estimated cost whereof was Rs. 1,17,35,43,672.00. Accordingly, Contract Agreement No. 01/SBD/2009-10 dated 10.11.2009 was signed between the parties. The Executive Engineer, Kanauli of the Wa