Mitrashi Projects Pvt. Ltd. Through Its Authorized Person And ANR. v. State Of Maharashtra Through Principal Secretary And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION REVIEW PETITION (STAMP) NO.8583 OF 2019 IN WRIT PETITION NO.10662 OF 2017 ...

Mitrashi Projects Pvt. Ltd. & Anr.

....Review Petitioners V/S State of Maharashtra & Ors.

....Respondents ...

Mr. A.V. Anturkar, Senior Advocate i/b Mr. Ajay S. Patil for the Review Petitioners.

Mr. N.C. Walimbe, AGP for Respondent No.1/State. Mr. Sandeep V. Marne for Respondent Nos.2 and 3. ...

CORAM : A.A. SAYED & R.I. CHAGLA, JJ.

DATE : 16 APRIL 2019 ORDER:

Learned Senior Counsel for the Petitioners submits that though in the impugned order dated 6 December 2017 it has been recorded that the Respondent Corporation has abandoned the project based on the statement made in Affidavit-in-Reply of the Respondent Corporation in the Writ Petition, as a matter of fact, the said project has not been abandoned. He submits that false statements have been made in the said Affidavit-inReply. We find that the Writ Petition was dismissed essentially on the ground that there were several disputed questions of facts as it was contended by 1/2

k 2/2 13 rpwst 8583.19 as.doc the Respondent Corporation that the contract was revoked as the Review Petitioner did not commence the work till the contract period expired on 29 April 2015. The Court has merely stated in the order under review that it appears that the project is abandoned.

In the penultimate paragraph of the order under review, it has been observed as follows:

"Since several disputed questions of facts are involved in this Writ Petition pertaining to a challenge against the order of cancellation of the contract, we are not inclined to exercise the writ jurisdiction to decide whether the contract executed between the parties was rightly cancelled or not." We find no error apparent in the order under review. In the circumstances, we dismiss the Review Petition. The issue whether the project was abandoned or not is kept open.

The Review Petition is accordingly dismissed. (R.I. CHAGLA, J.) (A.A. SAYED, J.) katkam 2/2