Disposed

New Ram Roadlines Nd Ors. v. M/S. Dombivli Grain Merchants Association through Its President Shri. Satyawan v Mhatre and Ors.

Bombay HC24 Jul 2013CAW/1634/2013

Case brief

AI extract

What is this about?

Applicants sought leave to withdraw from a tender process and return of earnest money. The court directed the respondents to refund deposits within one or two weeks, depending on encashment status, and disposed of the application without further claim.

What did the court decide?

Refund of earnest money deposits to be made within one week (uncashed drafts) or two weeks (encashed drafts) from the date of the order.

New Ram Roadlines Nd Ors. Vs M/S. Dombivli… — Public Procurement and Tenders | Bombay HC (2013)

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CAW. 1634-13

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VPH

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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CIVIL APPLICATION No. 1634 OF 2013 IN

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WRIT PETITION No. 569 OF 2013

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New Ram Roadlines & Ors. ... Applicants Vs. M/s. Dombivli Grain Merchants Association & Ors. ... Respondent

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Mr. R. B. Raghuwanshi i/b Rutuja Ambekar, for the Applicant.

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Mr. A. A. Kumbhkoni, Sr. Counsel with Prashant Darandale, Hon. Asst. to G. P. for Respondent Nos. 1 & 2.

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CORAM : V. M. KANADE & K. R. SHRIRAM, JJ.

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DATE : JULY 24, 2013.

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P.C.

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The Applicants by this application are seeking leave to withdraw themselves from the tender process, initiated pursuant to the tender notice, which was issued by the Respondents in January 2013. The Applicants have, pursuant to the tender notice, submitted their tenders and deposited earnest amount of Rs.51,88,000/-, each in the said tender process. It is submitted that the writ petition has been filed and stay was obtained and the entire tender process has been stalled, and as such, they are not interested in participating in the said

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CAW. 1634-13

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process. It is, therefore, submitted that Applicants would like to would like to withdraw themselves from the said tender process and they have prayed that earnest money demand draft which they have submitted may be returned.

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Learned senior counsel appearing for Respondent Nos. 1 and 2 has submitted that if the demand drafts have been encashed, their amounts shall be returned within two weeks from today and in case the demand drafts have not been encashed, the demand drafts shall be returned within one week to the respective Applicant. So far as Applicants Nos. 5 and 6 are concerned, they have deposited the earnest money deposit by cash. Hence, their tender money deposit be returned within two weeks from today. It is clarified that the Applicants having withdrawn themselves from the tender process, would not be entitled to stake any claim in the tender process, so far as this tender is concerned. However, in the event fresh tender is issued, the Applicants are entitled to take part in the said tender process. With these directions, civil application is disposed of.

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Vinayak Halemath

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New Ram Roadlines Nd Ors. v. M/S. Dombivli Grain Merchants Association through Its President Shri. Satyawan v Mhatre and Ors.

Case brief

What is this about?

What did the court decide?

New Ram Roadlines Nd Ors. v. M/S. Dombivli Grain Merchants Association through Its President Shri. Satyawan v Mhatre and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

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