M/S. Nair Coal Services Ltd., v. The A.P. Genco,

[ 33oo ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION NO: 14270 OF 2012 Between:

M/s. Nair Coal Services Ltd., Having its Registered Office at 166 Syria Bhavan, Ramnagar, Nagpur, Maharashtra, Rep. by its Senior Regional Manager, Sri Krishna Kumar.

...PETITIONER AND The A.P. Genco, Rep. by its Chairman and Managing Director, Vidyuth Soudha, Khairatabad, Hyderabad.

The Superintendent Engineer/Coal & Fuel Oils, A.P.Genco, lll Floor, A Block' Vidhyuth Soudha, Khairatabad, Hyderabad.

M/s. AKA Logistics Private Limited, (Formerly Cisc-E9sar Eng - Consortium Pvt. Ltd., Cirlular Court, 9th Floor, Block No. 92, 8, A J.C.' Bose Road, Kotkata - 17.

M/s. Karam Chand Thapar (CS) Bros. Ltd., Regd. Office at Thapar House, 25B Brabourne Road, Kolkata, West Bengal, rep. by its Cheif General Manager Mr. Vikram Kapoor (R4 is impleaded as per C.O. dt' 3'10'2012 in WPMP 35505 of 2012) ...RESPONDENTS Petition under Article 226 o'f the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order or direction more in the nature of a writ of Mandamus declaring that the 3rd Respondent is not eligible to be considered for awarding the work in pursuance of the notification E-procurement T.SPN.No.Eog/cEc-lll/sE(c&Fo) E-51/0912011-12 issued by the 1st and 2nd Respondents and accordingly interdict the Respondents 1't and 2nd from considering the bid of Respondent No.3.

l.A. NO: 3 OF 2012(WPMP. NO: 18044 oF 20121 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay of all further proceedings including entrustment of work to 3rd Respondent in pursuance of the tender E-procurement T.SPN.No.E-O9/CEG-|l|/SE(C&FO) E51logl201l-12, pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI K.G.K.PRASAD (NOT PRESENT) Counsel forthe Respondent No.1 & 2: M/s. K.UDAYA SRl, SC FOR TSGENCO Counsel for the Respondent No.3: M/s. SHARAD SANGHI Counsel for the Respondent No.4: SRI S.VIVEK CHANDRA SEKHAR The Court made the following: ORDER

THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION NO.1427O OF 2OI2 ORDER:

There is no representation on behalf of petitioner when the case is called.

2.

Learned counsel for respondent Nos.1 and 2 brings to the notice of this Court that cause in the writ petition does not survive for adjudication any more.

3.

Recording the said submission, the present writ petition is dismissed as infructuous. No costs.

4.

Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.

SD/.MOHO. ISII,IAIL ASSTSTANT REGITIRAR .tu SECTION dFFICER To, //TRUE COPY// \ One CC to SRI K.G.K.PRASAD, Advocate [OPUC] 1.

One CC to M/s. K.UDAYA SRl, SC FOR TSGENCO [OPUC] 2.

One CC to M/s. SHARAD SANGHI, Advocate [OPUC] 3.

One CC to SRI S.VIVEK CHANDRA SEKHAR, Advocate [OPUC] 4.

q Two CD Copies BSR GJP s

HIGH COURT DATED: 2111112023 ,1 gIATE g ?

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ORDER

WP.No.14270 ot 2012 DISMISSING THE WRIT PETITION AS INFRUCTUOUS, WITHOUT COSTS @@ I