BOC INDIA LIMITED Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) REFERENCE may be made to the order dated 26.6.2008 which reads as under: -

(2.) PURSUANT to the aforesaid order Mr. Aparesh Kumar Singh, learned Advocate submitted an exhaustive report. In the concluding paragraph he has reported that the Main Liquid Oxygen Gas Tank of the required specification has not been installed. He also reported that a separate three phase electric supply system for commissioning of the project has not yet been installed. Mr. Singh was informed by the representative of the respondent no. 5 that the oxygen tank is on transit from Bangalore and the same may be reached within a week or so subject to their being no mishaps or other difficulties in the transit. Mr. Singh, in his conclusion, stated that clearly one of the main components of the tender work from which the supply of oxygen is to be ensured uninterruptedly has not been installed.

(3.) A second writ petition was filed when the representation of the petitioner was not considered being W.P.(C) No. 4830/2007. The writ petition was disposed of on' 10.9.2007 by the learned Single Judge holding that the disputed facts are involved which could not be decided by the Writ Court The said judgment of the learned Single Judge was affirmed on 10.10.2007 by the Division Bench in L.P.A. No. 319/2007. Against that the appellant moved the Supreme Court in S . L.P.(C) No. 21402/07 (Civil Appeal No. 2028/08). The Supreme Court remitted the matter to the learned Single Judge of this Court for deciding the writ petition on merit after holding that there is hardly any question of disputed facts.