M/S. Ghai Construction v. The Union Of India Through Secretary And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8788 OF 2014 M/s. Ghai Construction ....Petitioner.

Vs.

The Union of India & Ors.

....Respondents.

Mr. Sachin S. Punde for the Petitioner.

Mr. P.S. Gujar a/w Neeta Masurkar for Respondent No.1. Mr. K.J. Presswala a/w Sandeep Goyal i/by M/s. Mulla & Mulla & C.B.C. for Respondent Nos. 2 and 3.

CORAM : ANOOP V. MOHTA AND MANISH PITALE, JJ.

DATE : 2 NOVEMBER 2017.

FINAL ORDER:- Taken out from the final hearing board.

Upon hearing the learned counsel appearing for the respective parties finally, we are inclined to dispose of the present Writ Petition by taking note of following observations in order dated 13 February 2015 passed by this Court- "7.

Thus, it is apparent that neither the second respondent Pune Cantonment Board nor the third respondent, the Deolali Cantonment board have blacklisted the petitioner after following due process of law."

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ssm 2 908-wp8788.14.sxw The statement is made that the Petitioner did not turn up even to collect the stated tender form, inspite of order of this Court, which was the basic grievance in the present Petition. This is in addition to the fact that the impugned tender invitation was dated 6 September 2014 and the matter is now called out for final hearing and therefore, even otherwise, nothing survives in the Petition. So far as the prayer clause (B) is concerned, we see there is no case made out for any apprehension about black listing, specifically in view of para 2 of communication dated 23 September 2014 (page 189) and the observations so recorded above. In view of above, the present Writ Petition is disposed of, as infructuous. There shall be no order as to costs. Rule discharged accordingly.

(MANISH PITALE, J.) (ANOOP V. MOHTA, J.) 2/2