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M/s Topline Infra Projects Pvt. Ltd. v/s State of Bihar through the Secretary Department of Road Construction, Govt. of Bihar, Patna & Others


Company & Directors' Information:- THE J & K PROJECTS CONSTRUCTION CORPORATION LIMITED [Active] CIN = U45205JK1965SGC000296

Company & Directors' Information:- TOPLINE INFRA-PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2004PTC098181

Company & Directors' Information:- V S A INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U45400TG2011PTC074588

Company & Directors' Information:- BIHAR STATE CONSTRUCTION CORPORATION LIMITED [Active] CIN = U45200BR1974SGC001146

Company & Directors' Information:- K N INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U45200TG2008PTC058128

Company & Directors' Information:- B L INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U45400DL2014PTC266491

Company & Directors' Information:- K. C. INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U45209NL1990PTC003414

Company & Directors' Information:- K K INFRA PROJECTS (INDIA) PRIVATE LIMITED [Active] CIN = U45200TG2007PTC056630

Company & Directors' Information:- A E INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U45200MH2009PTC196191

Company & Directors' Information:- S R R INFRA PROJECTS LIMITED [Strike Off] CIN = U45209TG2008PLC058571

Company & Directors' Information:- N R R INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U70200TG2010PTC067299

Company & Directors' Information:- J K ROAD CONSTRUCTION COMPANY PRIVATE LIMITED [Active] CIN = U45203JK2012PTC003594

Company & Directors' Information:- K AND G INFRA PROJECTS PRIVATE LIMITED [Under Process of Striking Off] CIN = U45200KL2010PTC027108

Company & Directors' Information:- R. K. INFRA CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45201AS2010PTC010055

Company & Directors' Information:- R Y INFRA PROJECTS PRIVATE LIMITED [Under Process of Striking Off] CIN = U45400TG2013PTC091764

Company & Directors' Information:- K C R INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U45200TG2009PTC064374

Company & Directors' Information:- M. D. INFRA - PROJECTS PRIVATE LIMITED [Active] CIN = U45400MH2009PTC193074

Company & Directors' Information:- TOPLINE PROJECTS PRIVATE LIMITED [Active] CIN = U51909WB2008PTC128373

Company & Directors' Information:- V G INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U45209TG2011PTC074184

Company & Directors' Information:- J S V INFRA PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70200TN2010PTC078632

Company & Directors' Information:- S. G. INFRA PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400DL2009PTC192400

Company & Directors' Information:- D & G INFRA AND PROJECTS PRIVATE LIMITED [Active] CIN = U45203PN2009PTC133571

Company & Directors' Information:- G INFRA PROJECTS LIMITED [Active] CIN = U45400TG2015PLC102010

Company & Directors' Information:- H AND R PROJECTS CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201JH2015PTC003300

Company & Directors' Information:- D. K. INFRA PROJECTS (INDIA) LIMITED [Strike Off] CIN = U45400WB2011PLC170421

Company & Directors' Information:- M AND G INFRA CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45209HP2010PTC031341

Company & Directors' Information:- J S INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2011PTC163788

Company & Directors' Information:- B S INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2010PTC151174

Company & Directors' Information:- M R INFRA & PROJECTS INDIA PRIVATE LIMITED [Strike Off] CIN = U45209TG2011PTC074858

Company & Directors' Information:- Z. K. CONSTRUCTION PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400WB2013PTC190344

Company & Directors' Information:- G-9 INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U45202MP2021PTC054704

Company & Directors' Information:- J K INFRA AND CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45309MP2021PTC055986

Company & Directors' Information:- S V V INFRA PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45200TG2009PTC065498

Company & Directors' Information:- K M M INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U45209TG2013PTC088878

Company & Directors' Information:- A R INFRA PROJECTS LIMITED [Active] CIN = U45400DL2010PLC198594

Company & Directors' Information:- N-INFRA PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45200TG2008PTC057620

Company & Directors' Information:- M. M. INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U70109WB2011PTC165005

Company & Directors' Information:- PATNA CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45200BR2009PTC014280

Company & Directors' Information:- D R R INFRA PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45200TG2007PTC055772

Company & Directors' Information:- R V INFRA PROJECTS INDIA PRIVATE LIMITED [Active] CIN = U45400WB2011PTC158257

Company & Directors' Information:- U M T INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U45400MH2013PTC244469

Company & Directors' Information:- R & H INFRA CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45400UP2012PTC049970

Company & Directors' Information:- R K B INFRA PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400WB2009PTC132587

Company & Directors' Information:- A H V INFRA PROJECTS PRIVATE LIMITED [Strike Off] CIN = U74999WB2012PTC180309

Company & Directors' Information:- G. S. INFRA PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400DL2008PTC174931

Company & Directors' Information:- BIHAR CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45200BR1960PTC000668

Company & Directors' Information:- P B S INFRA PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70102TG2008PTC060836

Company & Directors' Information:- R M INFRA PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400MH2011PTC224655

Company & Directors' Information:- M C W INFRA PROJECTS PRIVATE LIMITED [Strike Off] CIN = U74120MH2013PTC244153

Company & Directors' Information:- S. A. INFRA PROJECTS (INDIA) PRIVATE LIMITED [Active] CIN = U45400TG2015PTC099812

Company & Directors' Information:- C Z INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U45400TG2016PTC103916

Company & Directors' Information:- P AND C INFRA PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45200TN2014PTC096607

Company & Directors' Information:- U K PROJECTS AND INFRA PRIVATE LIMITED [Active] CIN = U45200TN2015PTC102111

Company & Directors' Information:- M N C INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U45200TG2008PTC058369

Company & Directors' Information:- K V P INFRA PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45209TG2011PTC073318

Company & Directors' Information:- L K D INFRA PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45209TG2013PTC085748

Company & Directors' Information:- M S INFRA AND CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45204DL2010PTC211638

Company & Directors' Information:- B R S INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U45201DL2013PTC248023

Company & Directors' Information:- INFRA INDIA CONSTRUCTION PRIVATE LIMITED [Active] CIN = U70102DL2015PTC282391

Company & Directors' Information:- D V INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U45200AP2014PTC095005

Company & Directors' Information:- N V R INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U70100AP2015PTC097985

Company & Directors' Information:- D. B. INFRA PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201GJ2010PTC059696

Company & Directors' Information:- R A INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U29309RJ2021PTC075070

Company & Directors' Information:- V J INFRA PROJECTS INDIA PRIVATE LIMITED [Active] CIN = U45500AP2021PTC118892

    Civil Writ Jurisdiction Case No. 18488 of 2015

    Decided On, 03 February 2016

    At, High Court of Judicature at Patna

    By, THE HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

    For the Appearing Parties: ---------



Judgment Text

Ahsanuddin Amanullah, J.(Oral)

1. Heard learned counsel for the parties.

2. The petitioner has moved the Court for quashing the decision/order communicated under letter dated 04.11.2015 issued by the respondent no. 3 as well as consequential letters dated 10.11.2015 and 19.11.2015 issued by the respondents. No. 6 and 7 by which security deposit, earlier refunded to the petitioner for another tender, was sought to be recovered from the work which was being executed by the petitioner subsequently under the respondents no. 6 and 7.

3. The brief facts of the case are that the petitioner was the successful bidder for a tender of strengthening and widening the roads in the district of Jamui for which Letter of Acceptance was issued by the authorities on 27.09.2012. Thereafter, the petitioner was called upon to furnish the performance security amount. However, on 10.10.2012, the petitioner wrote to the authority that as per tender, stone chips were to be picked from the mines in the district of Sheikhpura but since none of the mines were working, permission may be given to him to get the chips from another place as there was difficulty in executing the agreement as per the original specifications.

4. There does not seem to have been any consideration with regard to plea of the petitioner. However, the tender in favour of the petitioner was terminated and an order was passed on 29.11.2012 forfeiting the earnest money/security deposit of the petitioner. Upon representation made by the petitioner, the Road Construction Department (hereinafter referred to as the 'Department'), after seeking advice from the Finance Department, finally refunded the forfeited amount on 19.11.2014. Thereafter, it appears that due to some audit objection, the Department has found that the refund was not in accordance with law and, therefore, the impugned letters have been issued to recover the earnest money/security deposit from the ongoing projects of the petitioner.

5. Learned counsel for the petitioner submits that after termination of the contract in favour of the petitioner, the authority itself had re-advertised the work in which the place from where the stone chips were to be taken has been mentioned as Mirza Chowki which is outside the district of Sheikhpura. It is , thus, submitted that once the authorities themselves have accepted the factual position that no mines for stone chips was operating in the district of Shiekhpura, the petitioner having not entered into an agreement on the said terms, was not a violation of such a nature to result in forfeiture of earnest money/security deposit of the petitioner. It is further submitted that once the Department has itself found substance in the contention of the petitioner and refunded the money, the subsequent action to recover the amount from other ongoing projects of the petitioner is not justified. It is submitted that even looking at the issue from another angle, on a simple point of violation of principles of natural justice, the order cannot be sustained, as admittedly, no show cause or notice was ever issued to the petitioner prior to taking such drastic action.

6. Learned counsel for the State submits that as per various clauses of the tender document itself, since the petitioner had not entered into an agreement or given performance security, the earnest money was required to be forfeited. However, learned counsel is not in a position to defend or counter the fact that the original terms of contract of getting stone chips from the district of Sheikhpura was itself erroneous which latter on was corrected by the Department in the subsequent tender.

7. Upon considering the facts and circumstances of the case and the submissions of the learned counsel for the parties, this Court is of the opinion that the action of the respondents cannot be sustained. The Department having itself refunded the money finding the case of the petitioner to be genuine and even otherwise on merits, the work having been re-tendered with a different location mentioned for getting the stone chips, the petitioner cannot be faulted for not entering

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into an agreement on the original terms and conditions of the contract. Moreover, in the present facts of the case, there being admittedly no show cause or notice issued to the petitioner prior to issuance of the order of forfeiture or recovery of the earnest money/security deposit, the action of the Department cannot be upheld. Accordingly, the impugned orders stand quashed. 8. The writ petition stands disposed off. Order accordingly.
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