JITF URBAN INFRASTRUCTURE LTD. Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application has been filed for following reliefs:-

(2.) During the pendency of the writ application this Court passed order dtd. 12/10/2012 by which the respondents Corporation was restrained from encashing the Bank Guarantee till a decision is taken on the reply furnished by the petitioner to the notice dtd. 1/10/2012 issued to the petitioner-company by BUIDCO (hereinafter referred to as the 'Corporation) as contained in Annexure-6.

(3.) In view of the aforesaid order the Managing Director of the Corporation passed order dtd. 14/2/2013 rejecting the request of the petitioner-company to give further period of three months to execute the Concession Agreement with the Corporation and then after taking a view that the petitioner is misleading the Corporation on the basis of false allegations, decided to encash the Bank Guarantee of Rs.1.21 Crore and accordingly encashed the same. By the same order as contained in letter dtd. 14/2/2013 (Annexure-10 to I. A. No. 7169 of 2013) the Managing Director of the Corporation debarred the petitioner-company from participating in all future projects of the Corporation. Challenging the decision, the petitioner has filed I. A. No. 7169 of 2013 seeking an amendment in the writ application to the effect that the letter dtd. 14/2/2013 be also quashed and cancelled by this Court. Brief Facts of the case