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Judgment
Having heard learned Additional Advocate General No.
IV representing the State and learned counsel representing the
private respondent Nos. 1 & 2, we are of the opinion that, in a larger
public interest and good, the fresh award of contract, on the basis of
tender notice dated 26.03.2015 in favour of private respondent No.
2, who has done some significant amount of work ever since the
work was allotted to them, is not required to be interfered with.
The Court cannot be unmindful of the fact that the
building in question has a public purpose of putting a training
institute for the State of Bihar which after bifurcation does not have
an institution of the kind. The initial tender was invited in the year
2009, contract was executed in the year 2010 and rather unfortunate
that till 2017 the building is still under construction.
The Court does not want to go into the issue, as to
who was to blame, keeping in mind that Court is giving liberty to the
private respondent No. 1 to invoke jurisdiction of the Arbitration
Tribunal, which leeway respondent No. 1 was given by the High Court
in C.W.J.C. No. 9327/2013, and has been also taken note of and
explained by the learned Single Judge in his somewhat concluding
part of the order.
The only clarification which is required to be made is
that the question of black-listing of the private respondent-the
petitioner and the liability which will come upon him due to re- tendering etc. will be subject matter of the arbitration proceeding
before the Tribunal. However, the work assigned to the respondent
No. 2, must carry on and respondent No. 2 will be well-advised to
ensure that there is no omission on their part in completing the
contract within a time frame.
Both these appeals are disposed off in the light of the
observation made above.
Before parting, it is made clear that the competent
and the concerned authority has an obligation to release the funds in
favour of M/s Kashish Developers Limited, timely, so that the
contract is executed and the institution becomes functional at the
shortest possible time now.