LAWS(PAT)-2021-3-68

KASHISH DEVELOPERS LIMITED REGISTERED Vs. STATE OF BIHAR

Decided On March 16, 2021
Kashish Developers Limited Registered Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondents. Learned counsel for the petitioner has filed an undertaking to remove all the defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.

(2.) The following reliefs as formulated by the petitioner have been claimed in the writ petition -

(3.) Mr. P.K.Shahi, learned Senior Counsel appearing on behalf of the petitioner makes a short submission to assail the impugned order rescinding the contract, to the effect that no prior show cause notice was issued which was mandatorily required in terms of Clause 14 of the contract. Specific stand in this regard has been taken in paragraph 41 and 43 of the writ petition. He further relies on the judgment dtd. 7/8/2020 passed by this Court in CWJC No. 7130 of 2020 in petitioner's own case (Annexure-28), wherein after a detailed consideration of the matter it has been observed as follows -