Dismissed

Shri Khargandhi Dairy Product Pvt. Ltd. v. State of Maharashtra

Bombay HC14 Nov 2005WP/2181/2005

Case brief

AI extract

What is this about?

In a writ petition challenging the purchase order of skimmed milk powder sanctioned to another bidder, the court examined the tender records. The High Court, finding that the petitioner's offer was considered and a higher bidder had offered a better rate and quantity, rejected the petition and dismissed the writ.

What did the court decide?

Petition rejected, order of purchase sanctioned to respondent 2 maintained.

Shri Khargandhi Dairy Product Pvt. Ltd. Vs State of… — Service and Employment | Bombay HC (2005)

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¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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ORDINARY ORIGINAL CIVIL JURISDICTION

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WRIT PETITION NO. 2181 OF 2005

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 KHARGANDHI DAIRY PRODUCTS PVT. LTD. - PETITIONERS

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 Versus

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 STATE OF MAHARSHTRA & ORS. .. RESPONDENTS

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 Mr. Vinod Sharma for petitioner

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 Mr. R. M. Sawant, GP for R

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CORAM: SMT. RANJANA DESAI &
A. S. OKA, JJ.
 DATED:-14/11/2005

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 P.C.

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 . Heard learned counsel for the petitioner.

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 2. The petitioner prayed that order of purchase of

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 1100 MT of Skimmed Milk Powder sanctioned by
 respondent 1 to respondent 2 be quashed and set
 aside and direction be given to respondent 1 to
 give purchase order of 100 MT of Skimmed Milk
 Powder to the petitioner at rate of Rs.74.50. The
 petitioner’s main grievance is that his offer dated
 20th June, 2005 has not been considered by
 respondent 1.

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 3. We have heard the learned counsel for the
 respondents also.

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 4. We have gone through the affidavit filed by
 Shri Vithal Ambaji Gaikwad, the Deputy
 Commissioner, Dairy Development, Government of
 Maharashtra. Paragraph 5 thereof reads as under:

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 "5. I say that after the opening of Tenders on
 13.6.05, some of the tenderers, namely Vadilal
 Dairy Industries Ltd., Warna Sahakari Dudh Sangh
 Ltd., the Petitioner and the Respondent No. 2
 submitted their fresh offers for purchase of
 Skimmed Milk Powder on 16.6.2005, 17.6.2005,
 20.6.2005 and 16.6.2005 respectively. I say that
 except the Respondent No. 2 who had offered a
 higher amount of Rs.74,500/- per metric tonne, the
 rest of the other fresh offers were all Rs.74,400/-
 per Metric Tonne which was the offer of Jaywant

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 Exports Pvt. Ltd. in the tender. I say that the
 fresh offers also contained the revised quantity
 that the offerer was ready to purchase. The fresh
 rate and the quantity that each offerer was
 interested is reproduced hereinbelow:

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`Sr.No. Name of the Party Rate/M.T. Quantity` `Demanded` `in M.T.` `---------------------------------------------------`
`1.M/s. Vadilal Industries ltd. 74,400/- Not` `Mentioned`
`2.M/s. Warna Dudh Utpadak Sangh Not Men. 11 to 150`
`3.M/s. Jaywant Exports 74,400/- 1500`
`4.M/s.Khargandhi Dairy` `Products Pvt. Ltd. 74,400/- 500`
`5.M/s. CMD Dairy 74,500/- 1000 to` `1200` `---------------------------------------------------`
`5. It is clear from the above averment that the`
`petitioner’s offer dated 20/6/05 has been`
`considered by the respondents and offer of`
`respondent 2 has been accepted because respondent 2`
`has offered maximum rate and also demanded large`
`quantity in 1000 to 1200 M.T.`

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 6. In view of this we are unable to entertain this
 petition, hence rejected.

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 (SMT. RANJANA DESAI,J.)

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 (A. S. OKA ,J.)

Shri Khargandhi Dairy Product Pvt. Ltd. v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Shri Khargandhi Dairy Product Pvt. Ltd. v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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