CHAKRADHARI SHARAN SINGH, MADHURESH PRASAD
B. Rai Construction Company and INSCPL (JV) a Joint Venture through the leading Partner and Managing Partner of M/s B. Rai Construction Company namely Shailendra Kumar Rai @ Shailendra Rai – Appellant
Versus
State of Bihar through the Managing Director Bihar Medical Services and Infrastructure Limited Corporation Limited, Patna – Respondent
JUDGMENT :
CHAKRADHARI SHARAN SINGH, J.
As both the cases arise out of the same Notice Inviting Tender (NIT) No. BMSICL/Infra/25/2019 dated 17.07.2019 for construction of 191 bedded hospital in the campus of Amar Shaheed Jagdev Prasad Hospital, Jehanabad, published by the Bihar Medical Services and Infrastructure Corporation Limited, Patna (in short ‘ BMSICL’) and are based on the identical set of facts, they have been heard together and are being disposed of by the present common judgment and order.
2. It is noted at the outset that the petitioner of C.W.J.C. No. 12949 of 2021 has intervened in C.W.J.C. No. 8134 of 2021 and has been permitted to be impleaded as the party-respondent No. 7.
3. C.W.J.C. No. 8134 of 2021 has been filed by M/s B. Rai Construction Company and INSCPL (JV), a joint venture through the leading Partner and Managing Partner of M/s B. Rai Construction Company.
4. C.W.J.C. No. 12949 of 2021 has been filed by the Director of R.S. Agrawal Infratech Pvt. Ltd., Jharkhand.
5. For convenience, the petitioner of C.W.J.C. No. 8134 of 2021 has been referred to in the present judgment as the petitioner; and the petitioner of C.W.J.C. No. 12949 of 2021 as respondent No. 7. Thi
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