The Bombay High Court rejected a Writ Petition under Article 226 challenging a municipal corporation's notice canceling a work order and blacklisting the petitioner, declining to entertain the matter at that stage.
The Petition is rejected; all contentions on merits are kept open.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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JPP
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (LODG.) NO. 628 OF 2017
Sai Omkar Seva Sahakari Sanstha (Ltd.).
… Petitioner.
V/s.
The Mumbai Municipal Corporation of Greater Mumbai and Ors.
... Respondents.
Mr. Anil S. Gawas for the Petitioner.
Mr. N.V. Walawalkar, Senior Advocate a/w. Ms. Kejali Mastakar for the Respondent - BMC.
CORAM : A.S. Oka and M.S. Sonak, JJ.
DATED : 11 December, 2017.
P.C. :-
Heard learned Counsel appearing for the Petitioners. The challenge in this Petition under Article 226 of the Constitution of India is to the notice dated 15 February 2017 issued by the Respondents. By the said notice, work order issued earlier to the Petitioner for providing services of loaders has been cancelled. In any case, the work order was effective only till 31 May 2017. If according to the case of the Petitioner, the termination is illegal, the
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Petitioner will have to seek remedy before the appropriate forum. The learned Counsel for the Petitioner states that subsequently the Respondents have blacklisted the Petitioners. The Petitioner can always file appropriate proceedings in that behalf.
2 issues framed by the court
Whether the High Court should entertain a Writ Petition challenging a municipal corporation's notice canceling a work order and blacklisting the petitioner.
Whether the remedy for illegal termination of a work order lies before the appropriate forum or the High Court.
1 provisions across 1 enactments
Sai Omkar Seva Sahakari Sanstha (Ltd.)
The Mumbai Municipal Corporation of Greater Mumbai and Ors.
A.S. Oka
M.S. Sonak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
