STATE OF BIHAR Vs. SENBO ENGINEERING

JUDGEMENT

(1.) THE State of Bihar has filed the present Letters Patent Appeal challenging the order of 10 September, 2002 on C.W.J.C. No. 5944 of 2002 : M/s Senbo Engineering Limited V/s. State of Bihar & Ors.

(2.) IT is not in issue that between the appellants and respondent M/s Senbo Engineering Limited there is a contract agreement for executing work for construction of Canal siphon at R.D.139.10 of Western Kosi Main Canal, across river Kamla at Bhakua, in the district of Madhubani. During course of construction a stage reached that the agent and assign of the State of Bihar seized the equipment of the petitioner respondent and detained it. It was at this juncture that a petition had been filed.

(3.) THE writ application was allowed with a direction that the respondent no. 6, particularly, would release the seized equipment i.e. excavator -cum -pay loader to the petitioner respondent, forthwith. Thereafter, the learned Judge made an observation that the petitioner would extend the fullest cooperation in completing the project and would complete the project as early as possible.