G.T. Pest Control Private Limited Pune,Thr. The Authorized Representative Vishal Gunjal v. The Nashik Municipal Corporation Thr. Its Municipal Corporation

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION Stamp No. 31890 OF 2019 WITH WRIT PETITION Stamp No. 31891 OF 2019 G.

T. Pest Control Pvt. Ltd. Pune ..Petitioner.

Vs The Nashik Municipal Corporation ..Respondent.

Mr. S.M. Gorwadkar, Senior Counsel a/with Mr. Niranjan Mogre for the Petitioner. Ms. Manisha Jagtap a/with Sairuchita Chowdhary i/by J. Shekhar & Co. for Respondent.

CORAM : S.J.KATHAWALLA, & B.P.COLABAWALLA, JJ.

DATE : 6 th JANUARY, 2020 P.C. :

After hearing the learned Advocate for the petitioner we have informed the Advocate that we are of the view that the matter involves serious disputed questions of facts and therefore the Petitioner should file a civil suit. The learned Senior Advocate appearing for the petitioner after taking instructions seeks to withdraw the above writ petitions with liberty to file appropriate proceedings before a Civil Court. However, he submits that the Corporation be directed to refrain from invoking the bank guarantee for a period of two weeks, and also not invite fresh tenders for a period of two weeks

Ladda 2 / 2 11&12-wp-31890-19.doc from today. The Corporation shall therefore not invoke the bank guarantee for a period of two weeks, and also not invite fresh tenders for a period of two weeks from today. The Court before which proceedings are filed by the Petitioner shall decide the same on merits without being influenced by the directions passed herein for a period of two weeks since the said directions are given only to enable the petitioner to move the appropriate Court and seek appropriate reliefs. The above Writ Petitions are accordingly disposed of.

( B.P.COLABAWALLA, J. ) ( S.J.KATHAWALLA, J. )