Millennium Gateway Infra Pvt. Ltd. And ANR. v. Maharashtra State Road Transport Corporation Through Its General Manager
wp-1009.16.sxw pmw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1009 OF 2016 Millennium Gateway Infra Pvt. Ltd. & Anr.
... Petitioners Vs.
Maharashtra State Road Transport Corporation ... Respondent Mr. Siddhesh Ashok Pilankar i/by Mr. Uday P. Warunjikar for the Petitioners.
Mr. G.S. Hegde for the Respondent.
CORAM : A.S. OKA & C.V. BHADANG, JJ.
DATE : 22nd JANUARY, 2016 P.C.
1.
Not on board. Taken on board.
Heard the learned counsel appearing for the Petitioners. The challenge is to the Tender Notice published by the Maharashtra State Road Transport Corporation on 8th January, 2016. The Tender Notice provides that certain documents are compulsorily required to be uploaded by the bidder. The grievance of the Petitioners is in respect of the two documents which read thus :-
wp-1009.16.sxw "9 Scan copy of the contract which covers an advertisement business of minimum rupees seven crores per year in the last three years (April 2012 to March, 2015). Out of which the agency should have minimum annual turnover of Rs.1 crore in the last year in any State Transport Undertaking is must.
Compulsory Experience of Advertisements in/ on State Transport buses.
Compulsory"
3.
His submission is that both the requirements are arbitrary and violative of Article 14 of the Constitution of India inasmuch as only those contractors who had dealt with the Maharashtra State Road Transport Corporation are entitled to bid. The learned counsel appearing for the Corporation states that the reference is to the State Transport Undertakings of all the States. His submission is that Clauses 9 and 10 refer to any such Transport Undertaking of any State. 4.
Therefore, we are unable to accept the submission that the said conditions are violative of Article 14 of the Constitution of India. There is no merit in the Petition and the same is rejected. (C.V. BHADANG, J ) (A.S. OKA, J )