Disposed

Shree Swami Samarth Security and Hospitality Pvt. Ltd. v. Mira Bhayander Municipal Corporation and Ors.

Bombay HC15 Feb 2024WP/2126/2024

Case brief

AI extract

What is this about?

Three writ petitions challenged a Municipal Corporation order dated 5 February 2024 blacklisting the petitioners and barring them from a tender process. The Corporation's counsel stated on instructions that the blacklisting would be withdrawn, allowing participation in tenders; the statement was confined to blacklisting, not contract termination.

What did the court decide?

Blacklisting of petitioners to be withdrawn; petitioners permitted to participate in tender process of 25 January 2024.

Shree Swami Samarth Security and Hospitality… — Public Procurement and Tenders | Bombay HC (2024)

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Digitally signed by LAXMIKANT LAXMIKANT GOPAL GOPAL CHANDAN CHANDAN Date: 2024.02.16 11:49:58 +0530

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1 (902) WP-2110.24&ors.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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CIVIL WRIT PETITION NO.2110 OF 2024

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Valmiki Seva Mandal Through its Managing Trustee Mr. Vijay Satish Thokale : Petitioner.

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Vs.

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Mira Bhayander Municipal Corporation and others. : Respondents.

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WITH CIVIL WRIT PETITION NO.2057 OF 2024

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Karan Maintenance Services Private Limited : Petitioner.

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Vs.

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Mira Bhayander Municipal Corporation and others. : Respondents.

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WITH CIVIL WRIT PETITION NO.2126 OF 2024

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Shree Swami Samarth Security & Hospitality Pvt. Ltd. : Petitioner.

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Vs.

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Mira Bhayander Municipal Corporation and others. : Respondents.

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1 of 3

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LGC

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2 (902) WP-2110.24&ors.doc

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Mr. Vishal Kanade a/w Mr. Apurva Gupte and Mr. Tarun Sharma for the Petitioner in WP No.2110/2024.

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Mr. Ashish Kamath a/w Mr.Apurva Gupte, Mr. Tarun Sharma and Advocate Taiyaba T. Kazi for the Petitioner in WP No.2057/2024.

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Mr. Apurva Gupte a/w Mr. Tarun Sharma for the Petitioner in WP No.2126/2024.

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Mr. N. R. Bubna for Respondents – Corporation.

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Mr. P. P. Kakade, GP, a/w Mr. O. A. Chandurkar, Addl. G. P. and Mrs. G. R. Raghuwanshi, AGP for Respondent Nos.-State.

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Mr. Ravi Pawar – Dy. Municipal Commissioner – Mira Bhayander Municipal Corporation present.

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CORAM : DEVENDRA KUMAR UPADHYAYA, CJ. & ARIF S. DOCTOR, J. DATE : 15^th FEBRUARY, 2024

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P.C. :

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Heard learned counsel representing the Petitioners,

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learned counsel representing Respondent – Mira Bhayander

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Municipal Corporation and learned AGP representing the Respondent-State.

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Mr. Bubna, learned counsel representing the Respondent – Corporation, on the basis of instructions received from Mr. Ravi Pawar, the Deputy Municipal Commissioner, who is

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2 of 3

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LGC

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3 (902) WP-2110.24&ors.doc

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present in court, submits that the order impugned in these Petitions dated 5^th February 2024, so far as the same black lists the respective Petitioners, shall be withdrawn, and as a result whereof, all the Petitioners shall be permitted to participate in the tender process pursuant to the tender notice dated 25^th January 2024.

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We make it clear that the statement which has been made by the learned counsel representing the Respondent - Corporation is confined to black listing of the Petitioners and the same does not cover termination of previous contract.

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It is needless to say that it will be always open to the Respondent-Corporation to proceed in accordance with law.

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In view of the aforesaid, nothing needs to be adjudicated any furthers in these Petitions, which are accordingly disposed of.

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(ARIF S. DOCTOR, J.)

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(CHIEF JUSTICE)

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3 of 3

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LGC

Shree Swami Samarth Security and Hospitality Pvt. Ltd. v. Mira Bhayander Municipal Corporation and Ors.

Case brief

What is this about?

What did the court decide?

Shree Swami Samarth Security and Hospitality Pvt. Ltd. v. Mira Bhayander Municipal Corporation and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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