The petition challenging the petitioner's bid rejection in a public tender was dismissed as belated. The court held that since the agreement and work allotment were finalized, the clock could not be set back to entertain the challenge.
Petition dismissed as belated.
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.
1/2
5 wp 9353.21
K
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
Writ Petition NO. 9353 OF 2021
M/s Brijbasi Fire Safety Systems Private Limited
...Petitioner(s)
Versus
State Of Maharashtra And Ors
...Respondent(s)
Mr. Manoj M. Mirchandani, Mr. Rajendra Raghuwanshi, Mr. Bharat M. Mirchandani, Mr. Celeste L. Lemos for the Petitioner.
Mr. Y.D. Patil, AGP for Respondent No.1-State. Mr. M.L. Patil for Respondent Nos.2 and 3.
Mr. Arshad Shaikkh, Mr. Sanjay Udeshi, Mr. Aditya Udeshi, Mr. Netaji Gawade i/b M/s. Sanjay Udeshi & Co. for Respondent Nos.5 and 6.
CORAM: A.A. SAYED & ABHAY AHUJA, JJ DATED: 22nd December, 2021
PC:-
1 The challenge in the Petition is to the communication dated 3
November 2021 holding the Petitioner’s bid technically ineligible. On the
same day, i.e. 3 November 2021, the financial bids were opened and the Respondent No.5 was held to be successful bidder. We are informed by the
learned Counsel for the Respondent-Corporation that the Agreement has been entered into between the Respondent-Corporation and Respondent No.5 on 26 November 2021 and the work has been allotted and purchase order was also issued on 26 November 2021.
2/2
5 wp 9353.21
K
2 In the circumstances, we find that the Petitioner has approached the Court belated by filing the present Writ Petition only on 12 December 2021 and it is now not possible to set the clock back. Hence, we are not inclined to entertain the Petition. The Petition is accordingly dismissed. It will be open for the Petitioner to take recourse to other remedies, if so adviced and if so permissible in law.
(ABHAY AHUJA,J.)
(A.A. SAYED,J.)
1 issue framed by the court
Whether this court should entertain a belated writ petition challenging a communication holding the petitioner's bid technically ineligible after the agreement and purchase order have been issued.
M/s Brijbasi Fire Safety Systems Private Limited
State Of Maharashtra
A.A. Sayed
Abhay Ahuja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
