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Mahavir Enterprise through Its Sole Proprietor v. State of Maharashtra through the Ministry of Food and Ors.

Bombay HC31 Jan 2025IA/3554/2024

Case brief

AI extract

What is this about?

Bombay HC OOCJ; WP 1172/2024 + IA 3554/2024; Mahavir Enterprise v State of Maharashtra; decided 31-01-2025; coram Alok Aradhe CJ & Bharati Dangre J; tender dispute; rejection of technical bid by order dated 18/10/2023; NIT 15/09/2023; ISI marked Jute Twine String; 528647 kg / 10,57,294 units; estimated cost Rs.20,93,44,212/-; work order issued to Respondent No.8 during pendency; contract executed; issue rendered academic; petition disposed of; liberty reserved to seek compensation before appropriate forum; no statute or precedent cited.

What did the court decide?

Liberty reserved to the Petitioner to agitate its claim for compensation in accordance with law before an appropriate forum; Writ Petition alongwith Interim Application disposed of. ¶31

Mahavir Enterprise through Its Sole Proprietor vs State of Maharashtra through the Ministry of Food and Ors. — Bombay HC (2025) — LawSathi Research

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(12)WP-1172-2024.doc

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rajshree

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1172 OF 2024 ALONGWITH

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INTERIM APPLICATION NO.3554 OF 2024

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WRIT PETITION NO.1172 OF 2024

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Mahavir Enterprise ] .. Petitioner vs. State of Maharashtra & Ors. ] .. Respondents

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Mr.Shivaji Masal for the Petitioner.

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Mr.Vishal Thadani, Addl. GP for the State.

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Mr.Sanjay Sinha a/w Siddhanat Sinha i/b Hammurabi & Solomon Partners for Respondent No.6.

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Mr.N.R. Prajapati for Respondent No.7-Union of India.

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Ms.Tahira Siddique a/w Shweta Rathod i/b Elixir Legal Services for Respondent No.8.

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CORAM : ALOK ARADHE, CJ. & BHARATI DANGRE, J.

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DATE : 31^st JANUARY, 2025.

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P.C.

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Heard on the issue of admission.

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In this Petition, the Petitioner interalia has assailed the validity of

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the order dated 18/10/2023 by which technical bid of the Petitioner was

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Digitally signed RAJSHREEKISHOR by RAJSHREEKISHOR MOREDate: MORE 2025.02.03 17:49:52 +0530

rejected.

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(12)WP-1172-2024.doc

The facts giving rise to the filing of this Petition are that, the Petitioner is a Proprietary firm in the business of supply of various items to the State Government Central Store Purchase Office and other offices.

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The State of Maharashtra through the Ministry of Food, Civil Supply and Consumer Protection Department, passed a resolution on 05/09/2023 for purchase of ISI marked Jute Twine String for total quantity of 528647 kg. i.e. 10,57,294 Units for estimated cost of Rs.20,93,44,212/-. Accordingly, a notice inviting tender dated 15/09/2023 was issued. The Petitioner submitted its bid, however, by an order dated 18/10/2023, his bid was rejected.

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The Petitioner thereupon has filed this Petition seeking the quashment of the aforesaid order and direction to the Respondents to award it the work order.

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When the matter is called today, the learned counsel for Respondent No.1, on instructions, submits that in pursuance of the notice inviting tender , a work order was issued in favour of Respondent No.8, who has supplied the requisite quantity of the Jute Twine String to Respondent No.1 and the Contract has been executed.

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In view of the aforesaid subsequent development which has taken place during the pendency of the Petition, the issue involved in the petition has been rendered academic, however, liberty is reserved

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(12)WP-1172-2024.doc

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with the Petitioner to agitate its claim for compensation in accordance with law before an appropriate forum.

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