SURAKSHA DIAGNOSTIC PVT.LTD. Vs. STATE OF BIHAR

JUDGEMENT

(1.) At the outset, it is relevant to mention here that earlier the writ petition was filed for quashing the order dtd. 6/11/2014 passed by the Executive Director, State Health Society, Bihar, by which the petitioner has been made to forfeit the earnest money deposited by him by way of Bank guarantees, the Request for Proposal (RFP) cancelled and the petitioner blacklisted from conducting work in the Department of Health, Government of Bihar and its agencies like State Health Society and Bihar Medical Services and Infrastructure Corporation Limited, and for a direction to the respondents to refund the amounts of the Bank guarantees with interest.

(2.) A coordinate Bench of this Court vide judgment dtd. 19/4/2016 disposed of the Writ petition(CWJC No. 15034 of 2014), dealt with the facts and circumstances of the case. The relevant part of the judgment is quoted hereinbelow as follows:

(3.) The petitioner herein had filed a review application before this Court bearing Civil Review No. 7 of 2019 (arising out of CWJC No. 15034 of 2014) for limited purpose to review the judgment and order dtd. 19/4/2016 passed in CWJC No. 15034 of 2014 (M/s Suraksha Diagnostic Pvt. Ltd. vs. The State of Bihar and Ors.) only to the extent wherein in para -11 of the said judgment the Hon'ble Court has refrained from deciding the merit of the issue relating to the legality of invocation and encashment of the Bank guarantees by the respondents with a liberty to the petitioner to take recourse to the provisions of Bihar Public Works Contract Dipustes Arbitration Tribunal Act, 2008 for seeking appropriate remedy and redressal of its grievances.