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2020 Supreme(Pat) 121

MOHIT KUMAR SHAH
Cobra Industrial Security Forces (India) Ltd. – Appellant
Versus
State of Bihar Through the Principle Secretary, Agriculture Department, Government of Bihar, Patna – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Sanjay Singh, Mr.Nirbhay Prashant, Adv.
For the Respondent: Mr. Sourendra Pandey, Md. Nadim Seraj, Mr. Shailesh Kumar, Adv.

JUDGMENT :

The present writ petition has been filed by the writ petitioner, seeking the following reliefs:-

    “(a) For quashing and setting aside the order contained in letter no. 767 dated 13.4.2020 (Annexure-11) issued by the Managing Director, Bihar Rajya Beej Nigam Ltd. (Respondent No. 3), whereby and whereunder, the said authority in a quite illegal, arbitrary and malafide manner, without there being jurisdiction and in complete violation of principles of natural justice and that too during the pandemic period of ‘lockdown’ passed the said order by which the petitioner company has been blacklisted for a period of three years, from participating in Tenders floated by the respondent authorities and also seized the bank guarantee of Rs. 16,34,500/-which has been deposited as performance security along with EMD of Rs. 2,00,000/-. (b). For restraining the Respondent Authorities to invoke/en-cash the Bank Guarantee of Rs. 16,34,500/-seized by the Respondent No. 1 vide the aforesaid impugned order dated 13.4.2020 and for a further direction upon the same to forthwith release the same.”

2. The brief facts of the case are that the petitioner company is a premier security agency, which prov

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