IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.313 of 2000 1. BIHAR STATE ELECTRICITY BOARD HAVING ITS OFFICE AT VIDYUT BHAWAN, BAILEY ROAD, PATNA THROUGH ITS CHAIRMAN 2. THE CHIEF ENGINEER (TRANSMISSION) BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA 3. THE ELECTRICAL SUPERINTENDING ENGINEER (TRANSMISSION/ PROCUREMENT) BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA … RESPONDENTS-APPELLANTS Versus M/S ELITE LIGHT ENGINEERING COMPANY, HAVING ITS OFFICE AT 9/2 INDUSTRIAL ESTATE, PATNA-800013 THROUGH ITS ONE OF THE PARTNERS SHRI S.M. SAHAY SON OF LATE JUSTICE KAMALA SAHAI RESIDENT OF HOUSE NO.77A PATLIPUTRA COLONY, POLICE STATION-PATLIPUTRA, PATNA-800013, DISTRICT PATNA … WRIT PETITIONER---- RESPONDENTS ----------- For the appellant :- Mr. Y.Y Giri, Sr. Advocate Mr. Vinay Kirti Singh, Advocate For the respondent :- Mr. Manik Vedan, Advocate Mr. R. K. Tiwary, Advocate 11 23.06.2011 The present appeal has been filed against the order dated 11.01.2000 passed in C.W.J.C. No.2598 of 1999 whereby the learned Single Judge set aside the order of black listing of the respondent contracted, who happens to be a supplier to the appellant Board i.e. Bihar State Electricity Board on the ground of violation of principles of natural justice and also aggrieved by the consequential orders passed by the learned Single Judge directing the payments to be made to the respondent of the second installment of 15 sets of 132 KVA isolators within a period of two months. The learned Single Judge also further 2 directed that the third installment of 15 sets of Isolators of 132 KV are concerned, the Board is bound to accept supply of the same for which requisite orders shall be issued within a period of one month and the payment shall be made within two months from the date of supply. Learned counsel for the appellant has fairly submitted that there was no prior notice before passing the order of black listing, but however, but the appellant is aggrieved by the direction of learned Single Judge to the effect that the Board has to accept the material supplied and also to supply the third installment of 15 sets of Isolators of 132 KV. It is also submitted by the learned Sr counsel that the material is still lying with the Board. The learned counsel appearing on behalf of the respondent has submitted that the respondent is not interested in continuing the contract with the Bihar State Electricity Board being a small supplier. The learned counsel for the appellant has submitted that the Board may inspect the material in presence of the respondent by a technical person of the Board and in presence of representatives of the respondent so as to find out the defects in the goods. It is also further submitted that if the 3 Board feels that the material which has been supplied by the respondent is still defective the same can be returned to the respondent company. Taking note of the rival submissions made by learned counsel for both the parties, this Court is of the opinion that the order of learned Single Judge can be modified to that extent that the Board can constitute a Committee of technical person to inspect the good supplied by the respondent in presence of the representative of the respondent after issuing a prior notice of the date of inspection, and if the Committee feels that the goods are defective, the same can be returned back to the respondent without claiming whatsoever for the value of the goods. With the above modification in the order of learned Single Judge the appeal is disposed of and the direction of the learned Single Judge with regard to payment of cost of Rs.20,000/- with interest is set aside. Ashwini (T.Meena Kumari,J.) (Akhilesh Chandra, J.)