Petitioner sought withdrawal of disqualification upon withdrawing its bid. Respondent accepted the proposal. Writ petition disposed on receipt of bid withdrawal depiction of acceptance. No costs awarded by the High Court.
Withdrawal of disqualification order contingent on bid withdrawal.
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904-WP-375-2023
Pdp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 375 OF 2023
Samiksha Waste Management Infra P. Ltd. .. Petitioner
Vs.
Ulhasnagar Municipal Corporation & Ors. .. Respondents
Mr. Surel S. Shah i/by Mr. Narayan Bubna for petitioner. Mr. Vijay D. Patil for respondent nos.1 and 2. Mr. B. V. Samant, AGP for respondent no.3/State. Mr. Ashutosh Kumbhakoni, Senior Advocate i/by Mr. Akshay Shinde for respondent no.4.
Mr. Manish Hiware, Asst. Public Health Officer, UMC, present.
CORAM: S. V. GANGAPURWALA, ACTING CJ. & SANDEEP V. MARNE, J.
DATE: JANUARY 12, 2023
P.C.:
1. The learned counsel for the petitioner, on instructions, submits that the petitioner would withdraw from the bid and the respondent nos.1 and 2/Corporation shall withdraw the order disqualifying the petitioner.
2. The learned counsel for the respondent nos.1 and 2/ Corporation, on instructions of Mr. Manish Hiware, Assistant Public Health Officer, Ulhasnagar Municipal Corporation, who is present in the Court, submits that if the petitioner withdraws its bid, then the respondent nos.1 and 2/Corporation would withdraw the order disqualifying the petitioner.
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904-WP-375-2023
3. The statements made by the petitioner and the respondent nos.1 and 2 are accepted.
4. In view of the statement made by the learned counsel for the respondent nos.1 and 2/Corporation, the learned counsel for the petitioner submits that the bid is withdrawn forthwith.
5. The writ petition is disposed of. No costs.
(SANDEEP V. MARNE, J.) (ACTING CHIEF JUSTICE)
Digitally signed by PRAVIN PRAVIN DASHARATH DASHARATH PANDIT PANDIT Date: 2023.01.13 10:15:54 +0530
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1 issue framed by the court
Whether the petitioner's withdrawal of bid entitles the respondent to withdraw the order of disqualification.
Samiksha Waste Management Infra P. Ltd.
Ulhasnagar Municipal Corporation
S. V. Gangapurwala
Sandeep V. Marne
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court