The High Court dismissed a writ petition seeking a direction to disclose tender bid details and treat a previous offer as an open offer. The court rejected the petition because the petitioner admitted it did not submit a bid in the new tender process despite being able to do so.
Petition rejected; no relief granted.
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FARAD CONTINUATION SHEET
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2341 OF 2016
Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders.
Shri Atul S. Singh for the Petitioner.
Shri Arnab Ghosh along with Shri Joy Thahil and Shri Manoj Khatri for the Respondent No.2.
CORAM : A.S. OKA & SMT.ANUJA PRABHUDESSAI, JJ
DATED : 8TH DECEMBER 2016
P.C.:
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seeking relief in terms of prayer clause (a) which reads thus:
“(a) That this Hon'ble Court be pleased to issue a Writ of Mandamus or any other appropriate writ, order or direction in the nature of Writ of Mandamus under Article 226 of the Constitution of India thereby directing the Respondent no.2 to disclose on affidavit to this Hon'ble Court, the details of the bids received under the tender dated 6th June 2016 Exh-C and, if this Hon'ble Court finds that the bid received under the new tender dated 6th June 2016 is higher than the bid made by the Petitioner than the Respondent no.2 be directed to consider the previous bid of the Petitioner as an open offer for the sale of their vessel “Crest Argus 2” and further the Petitioner be permitted to improve upon the bid which the Respondent no.2 is willing to accept under the new tender dated 6th June 2016 in case the recent bid is lower than the one offered by the Petitioner under the tender dated 28.10.2015-Exh.A”.”
`( SMT.ANUJA PRABHUDESSAI, J) (A.S.OKA, J)
2 issues framed by the court
Whether the High Court can issue a writ of mandamus directing the Respondent to disclose bid details and consider the Petitioner's previous offer as an open offer since the Petitioner did not particip
Whether the Petitioner is entitled to relief when it admitted that it could have easily submitted a bid in the second tender process but did not do so.
1 provisions across 1 enactments
Petitioner Company
Respondent No.2
A.S. OKA
ANUJA PRABHUDESSAI
As recorded by the court registry
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