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TMI Blog2016 (1) TMI 1358X X X X Extracts X X X X X X X X Extracts X X X X ..... he filing of false affidavits gets to be treated as a routine and normal affair. 3. The petitioner is aggrieved by a judgment and order dated 22nd September, 2008 passed by the Division Bench of the High Court of Jharkhand in L.P.A. No. 212 of 2008 only to the extent of imposition of costs.[1] In our opinion, there is no merit in this petition and it deserves to be dismissed. 4. The Rajendra Institute of Medical Sciences, Ranchi, (for short "the RIMS") issued a notice inviting tender on 10th February, 2007. The tender was for installation and supply of a complete system of Centralized Liquid Medical Oxygen with medical gas pipe line for Oxygen, Carbon Dioxide, Nitrous Oxide and compressed air, etc. The work was to be executed on a turnkey basis within 150 days in the 1000 bedded departments and wards of the RIMS. 5. Responses to the notice inviting tender were submitted by the petitioner (Sciemed Overseas) and respondent No.1 (BOC India). Their tenders were processed by the RIMS and a memorandum dated 25th June, 2007 was issued by its Director informing Sciemed and BOC regarding opening of the price bid of commercially and technically successful bidders. 6. According to BOC, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e to Appeal to this Court in which leave was granted on 14th March, 2008. This Court disposed of the appeal being Civil Appeal No.2028 of 2008 on that day itself holding that there is hardly any disputed question of fact. On the contrary, the facts of the case were evident from the documents already on record and oral evidence was required to be led. Accordingly, this Court was of the view that the matter ought to be heard on merits by the High Court and an appropriate direction was given in this regard. 14. During the pendency of the Civil Appeal, an affidavit was filed on 20th February, 2008 by Sciemed through its proprietor Shailendra Prasad Singh in which it was stated as follows:- "It is submitted that the NIT, after having been relaxed and technical and financial bids having been opened, the respondent No.5 was declared as the lowest bidder by a margin of Rs. 1.12 crores as compared to the petitioner and the work order has already been acted upon and the project is almost near completion and 85% of the amount has already been released to the answering respondent, rendering the present SLP, in any case, infructuous and liable to be rejected." 15. It is this passage in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... so appointed by the High Court submitted his Report on 3rd July, 2008. It was stated in the Report, which was accepted by the High Court, that the originating point/inlet of the main Liquid Oxygen Gas Tank of the required specification had not yet been installed. It was also found that a separate 3-Phase Electric Supply System for commissioning the project had not yet been installed. In view of these two major deficiencies, the commissioning of the complete system was being delayed. Additionally, it was noted that the Oxygen Gas Tank was in transit from Bangalore at that time. 20. On a consideration of the Report, the High Court took the view that Sciemed had given a false affidavit in this Court to the effect that the work was near completion. In this view of the matter, the High Court dismissed the appeal filed by Sciemed and imposed costs of Rs. 10 lakhs to be deposited with the Jharkhand State Legal Services Authority. 21. At this stage, it is important to mention that Sciemed through its proprietor Shailendra Prasad Singh son of Rameshwar Prasad Singh, had filed an affidavit on or about 10th July, 2008 in the High Court in which it was explained that the statement made in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... required specification has not yet been installed. I also found that a separate 3-Phase Electric Supply System for commissioning of the project has not yet been installed and is reportedly in the process. I was informed by the hospital authorities that the 3- Phase electricity connection is to be supplied by the hospital authorities and are not required under the tender conditions or work order to be done on the part of the Contractor i.e. M/s Sciemed Overseas Inc. On the part of the Contractor i.e. respondent no.5 I was repeatedly informed that the delay in the execution of the work has occasioned primarily due to repeated thefts of the costly Copper pipes, whitewashing and distemper work underway in the RIMS and also the operational and practical difficulties in installation in the ICU's, OT's, Labour Rooms in the Gynae Department which had to be vacated by the hospital authorities completely after much persuasion, before any installation could be carried out. It appears that on account of delay in installation of the Main Liquid Oxygen Tank and the 3 Phase electrical connection, the commissioning of the complete system of Liquid Medical Oxygen Gas together with other gases. V ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s made before this Court and that by itself is enough to invite an adverse reaction. 30. In the case of Suo Moto Proceedings Against R. Karuppan, Advocate[(2001) 5 SCC 289] this Court had observed that the sanctity of affidavits filed by parties has to be preserved and protected and at the same time the filing of irresponsible statements without any regard to accuracy has to be discouraged. It was observed by this Court as follows: "Courts are entrusted with the powers of dispensation and adjudication of justice of the rival claims of the parties besides determining the criminal liability of the offenders for offences committed against the society. The courts are further expected to do justice quickly and impartially not being biased by any extraneous considerations. Justice dispensation system would be wrecked if statutory restrictions are not imposed upon the litigants, who attempt to mislead the court by filing and relying upon false evidence particularly in cases, the adjudication of which is dependent upon the statement of facts. If the result of the proceedings are to be respected, these issues before the courts must be resolved to the extent possible in accordance with the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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