RELIANCE COMMUNICATIONS LIMITED Vs. STATE OF BIHAR THROUGH SECRETARY, DEPARTMENT OF INDUSTRIES, SECRETARIAT, BAILEY ROAD, PATNA
LAWS(PAT)-2017-4-119
HIGH COURT OF PATNA
Decided on April 11,2017

RELIANCE COMMUNICATIONS LIMITED Appellant
VERSUS
State Of Bihar Through Secretary, Department Of Industries, Secretariat, Bailey Road, Patna Respondents


Referred Judgements :-

CENTRAL BANK OF INDIA VS. THEIR WORKMEN [REFERRED TO]
M L SETHI VS. R P KAPUR [REFERRED TO]
RESERVE BANK OF INDIA UNION OF INDIA PEERLESS GENERAL FINANCE AND INVEST MENT CO LIMITED STATE OF WEST BENGAL VS. MENT COMPANY LIMITED:PEERLESS GENERAL FINANCE AND INVEST MENT COMPANY LIMITED:RESERVE BANK OF INDIA:PEERLESS GENERAL FINANCE AND INVEST MENF COMPANY LIMITED [REFERRED TO]
SUKUMAR MUKHERJEE SYED ABDUL MEMON SAIBAL GUPTA RAM KISHAN DUTTA ROY HEALTH SERVICES ASSOCIATION VS. STATE OF WEST BENGAL [REFERRED TO]
J K INDUSTRIES LIMITED VS. CHIEF INSPECTOR OF FACTORIES AND BOILERS [REFERRED TO]
T N ELECTRICITY BOARD VS. BRIDGE TUNNEL CONSTRUCTIONS [REFERRED TO]
WHIRLPOOL CORPORATION VS. REGISTRAR OF TRADE MARKS MUMBAI [REFERRED TO]
DINKAR ANNA PATIL VS. STATE OF MAHARASHTRA [REFERRED TO]
MODERN STEEL INDUSTRIES VS. STATE OF UTTAR PRADESH [REFERRED TO]
PUNJAB NATIONAL BANK VS. O C KRISHNAN [REFERRED TO]
UNIQUE BUTYLE TUBE INDUSTRIES PRIVATE LIMITED VS. UTTAR PRADESH FINANCIAL CORPORATION [REFERRED TO]
HARBANSLAL SAHNIA VS. INDIAN OIL CORPORATION LIMITED [REFERRED TO]
MEGHAL HOMES PVT LTD VS. NIWAS GIRNI K K SAMITI [REFERRED TO]
H V NIRMALA VS. KARNATAKA STATE FINANCIAL CORPORATION [REFERRED TO]
NATIONAL SAMPLE SURVEY ORGANISATION VS. CHAMPA PROPERTIES LTD [REFERRED TO]
HINDUSTAN PETROLEUM CORPN LTD VS. SUPER HIGHWAY SERVICES [REFERRED TO]
PINCL CHIEF CONSERVATOR OF FOREST VS. J K JOHNSON [REFERRED TO]
PUNE MUNICIPAL CORPORATION VS. HARAKCHAND MISIRIMAL SOLANKI [REFERRED TO]


JUDGEMENT

Shivaji Pandey, J. - (1.)As the issue involved in these writ applications is identical, they are being disposed of by this common judgment. For convenience, the facts mentioned in C.W.J.C. No.14884 of 2016 are taken into consideration by this Court.
(2.)In these cases, the petitioner is challenging the order dated 30.06.2016 passed by the Micro, Small and Medium Facilitation Council, Patna (hereinafter referred to as "Facilitation Council"), thereby the petitioner has been directed to make payment of Rs.4,85,26,676/- with interest and for issuance of a writ in the nature of prohibition, restraining the Facilitation Council from passing any further orders in the said matter.
(3.)The petitioner is a Company incorporated under the Companies Act, 1956, providing telecommunication services in various States in India to its subscribers under U.A.S.L. licence issued by the Department of Telecommunications, Government of India. From time to time, it used to engage contractors by issuing Work Orders for creation of the infrastructure. The petitionerCompany has issued numerous Work Orders in favour of The Best Towers Private limited (hereinafter referred to as "the Tower Company"), respondent No.4 for carrying out the fabrication and construction work for tower and ancillary work of creation of infrastructure for mobile service. The petitioner-Company awarded the work each time by issuing the Work Order, stipulating method of payment and final payment would be made after completion of the Work Order. The Tower Company from time to time placed the demand bill and the petitioner-Company used to make payment.
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