Shree Swami Samarth Security And Hospitality Pvt. Ltd. v. Mira Bhayander Municipal Corporation And ORS

by LAXMIKANT GOPAL CHANDAN Date:

2024.02.16 11:49:58 +0530 LAXMIKANT GOPAL CHANDAN 1 (902) WP-2110.24&ors.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO.2110 OF 2024 Valmiki Seva Mandal Through its Managing Trustee Mr. Vijay Satish Thokale : Petitioner.

Vs.

Mira Bhayander Municipal Corporation and others.

: Respondents.

WITH CIVIL WRIT PETITION NO.2057 OF 2024 Karan Maintenance Services Private Limited : Petitioner.

Vs.

Mira Bhayander Municipal Corporation and others.

: Respondents.

WITH CIVIL WRIT PETITION NO.2126 OF 2024 Shree Swami Samarth Security & Hospitality Pvt. Ltd.

: Petitioner.

Vs.

Mira Bhayander Municipal Corporation and others.

: Respondents.

-----

2 (902) WP-2110.24&ors.doc Mr. Vishal Kanade a/w Mr. Apurva Gupte and Mr. Tarun Sharma for the Petitioner in WP No.2110/2024.

Mr. Ashish Kamath a/w Mr.Apurva Gupte, Mr. Tarun Sharma and Advocate Taiyaba T. Kazi for the Petitioner in WP No.2057/2024. Mr. Apurva Gupte a/w Mr. Tarun Sharma for the Petitioner in WP No.2126/2024.

Mr. N. R. Bubna for Respondents - Corporation. Mr. P. P. Kakade, GP, a/w Mr. O. A. Chandurkar, Addl. G. P. and Mrs. G. R. Raghuwanshi, AGP for Respondent Nos.-State. Mr. Ravi Pawar - Dy. Municipal Commissioner - Mira Bhayander Municipal Corporation present.

----- CORAM : DEVENDRA KUMAR UPADHYAYA, CJ. & ARIF S. DOCTOR, J.

DATE : 15th FEBRUARY, 2024 P.C. :

1.

Heard learned counsel representing the Petitioners, learned counsel representing Respondent - Mira Bhayander Municipal Corporation and learned AGP representing the Respondent-State.

2.

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

3 (902) WP-2110.24&ors.doc present in court, submits that the order impugned in these Petitions dated 5th February 2024, so far as the same black lists the respective Petitioners, shall be withdrawn, and as a result whereof, all the Petitioners shall be permitted to participate in the tender process pursuant to the tender notice dated 25th January 2024.

3.

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. 4.

It is needless to say that it will be always open to the Respondent-Corporation to proceed in accordance with law. 5.

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

(ARIF S. DOCTOR, J.) (CHIEF JUSTICE)