M/S. Blue Stat Security And Facility Services v. M/S. Rashtriya Chemicals And Fertilisers Ltd. And ORS.

1 /2 35-wp-9552-15.doc Ladda

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION No. 9552 of 2015 ALONG WITH CIVIL APPLICATION No. 2159 of 2016.

M/s Blue Star Security & Facility Services.

..

..Petitioner.

Vs M/s Rashtriya Chemicals & Fertilizers & Ors ..Respondents.

Mr. S.S. Dube for the petitioner.

Mr. Anoshak Daver a/with Rushabh Sheth and Pooja Batra for the respondents i/by M.S.Bodhanwalla for the Respondents.

CORAM :R.M. BORDE & A.S.GADKARI, JJ.

DATE : 3rd March, 2017.

P.C.

1) The petitioner is seeking a declaration to the effect that the action of respondent Nos. 1 and 2 to allot the tender/contract providing security to watch, ward and miscellaneous services in favour of respondent No.3 is illegal, bad in law and untenable. The successful bidder was required to provide services for a period of two years commencing from 1st June,

2 /2 35-wp-9552-15.doc 2015. The period covered under the contract has come to an end. It is also noticed that the petitioner is "L-3" bidder/offerer, whereas, "L-2" (respondent No.3) has been awarded the tender work. It has not been demonstrated that as a result of award of contract to respondent No.3 financial loss is caused to public exchequer. Considering the parameter laid down in the judgment of the Supreme Court in the matter of Raunaq International Ltd.

vs.

I.V.R.

Construction Ltd. & Ors. reported in (1998) Supp 3 SCR 421, no interference is called for. The petition being devoid of substance, hence, stands rejected.

2) In view of the disposal of the writ petition, pending civil application does not survive and same stands disposed of.

(A.S. GADKARI,J) (R.M. BORDE, J.)