Dismissed

M/S Shivam Constructions Prop Mr Shriram Prabhakar Munde v. the Water Conservation Department through Its Secretary Mumbai and Others

Bombay HC5 Jan 2017WP/12341/2016

Case brief

AI extract

What is this about?

Petitioners challenged rejection of their tender bid by respondent officials on eligibility grounds. The High Court held it could not go into disputed facts of fact. The Court directed the authority to reconsider the bid after hearing the petitioner and adjourned work order issuance for two weeks before considering the bona fides of the bid rejection.

What did the court decide?

The respondent no.4 is directed to consider the petitioner's case by giving hearing within one week and then pass an order on merits. The work order is not to be issued for a period of two weeks.

M/S Shivam Constructions Prop Mr Shriram… — Public Procurement and Tenders | Bombay HC (2017)

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WP 12341/16 and Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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BENCH AT AURANGABAD

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WRIT PETITION NOS.12341 OF 2016,
WITH
WRIT PETITION NO.12342 OF 2016
WITH
WRIT PETITION NO.12343 OF 2016

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M/s Shivam Constructions, Prop. Mr. Shriram Prabhalkar
Munde....Petitioner..

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Versus

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The State of Maharashtra & others.

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...Respondents...

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 .....

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Shri Mohanish V. Thorat, Advocate for petitioners.
Shri A.R. Borulkar, AGP for respondent/State.

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 .....

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CORAM: V.M. KANADE & SANGITRAO S.PATIL,JJ. DATE: 05.01.2017

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ORDER :

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1]Heard learned counsel appearing for the parties.
2]The petitioner is aggrieved by the decision taken by

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the respondent nos.3 & 4 in not accepting the tender bid

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given by the petitioner on the ground that it does not

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fulfill the eligibility criteria, which is mentioned in

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the tender notice. Our attention is invitedtothe

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checklist, which is examined by the respondent no.4. It

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is submitted that so far as column nos.17 and 18 are

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concerned, the respondent no.4 has arrived at a

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WP 12341/16 and Others

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conclusion that the bid capacity and the minimum annual
financial turnover during the last five years is not in
accordance with the criteria laid down by the respondent
no.4. It is submitted that the calculation made by the
respondent no.4 is incorrect. It is submitted that in
fact, the petitioner fulfills the said criteria.

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3]It will not be possible for this Court to accept the
submissions made by the learned counsel for the
petitioner. This Court cannot go through the disputed
questions of fact while exercising writ jurisdiction.

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More over, we are told that the tender process is almost
over, but the work order is not issued.

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4]In our view, the petitions can be conveniently
disposed of by directing the respondent no.4 to consider

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the case of the petitioner after giving the petitioner
hearing within one week and thereafter pass appropriate
order on merits and in accordance with law. We direct

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that the work order shall not be issued for a period of

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two weeks. The petitions are disposed of accordingly.
No costs.

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(SANGITRAO S.PATIL, J.) (V.M. KANADE, J.) ndk/ c511718.doc

M/S Shivam Constructions Prop Mr Shriram Prabhakar Munde v. the Water Conservation Department through Its Secretary Mumbai and Others

Case brief

What is this about?

What did the court decide?

M/S Shivam Constructions Prop Mr Shriram Prabhakar Munde v. the Water Conservation Department through Its Secretary Mumbai and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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