M/S S K Translines Pvt Ltd, Jalgaon v. The Maharashtra State Warehousing Corporation, Pune

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 902 WRIT PETITION NO.1210 OF 2015 M/S S K TRANSLINES PVT LTD, JALGAON

VERSUS

THE MAHARASHTRA STATE WAREHOUSING CORPORATION, PUNE ...

Advocate for Petitioner : Mr. RN Dhorkde, Sr.Couinsel h/for Mr. Kagne Vinayak M.

Mr. NB Suryawanshi, Adv. for Respondent.

----- CORAM :

R.M.BORDE & P.R.BORA,JJ.

DATE : 10 th February,2015.

PER COURT :

1) The petitioner is objecting to cancellation of tender process initiated by the respondents. It is the contention of the petitioner that during earlier process, he was the lowest bidder and after receiving the bids and opening of the financial statements, the tender process came to be cancelled. The petitioner was informed that due to administrative reasons, the process of tender is cancelled.

2) An affidavit in reply has been presented by the respondents, wherein it is stated that since the rates quoted by the petitioner were on higher side, with a view to avoid extra expenditure for the Government exchequer, it was thought fit to cancel the earlier tender process and to issue fresh Etender notice for awarding contract of handling and transport of grains. Accordingly, E-tender notice, in question, has been issued.

3) It would be open for the petitioner to participate in fresh tender process. There is no irregularity pointed out in respect of tender process initiated by the respondents for offering contract work. In view of the judgment delivered by the Supreme Court in the matter of Ramana Dayaram Shetty Vs. International Air Port Authority of India and Ors. - (1979) 3 SCC 489, we do not find any illegality in the process adopted by the respondents. The writ petition is devoid of substance and stands rejected.

(P.R.BORA) (R.M.BORDE) JUDGE JUDGE bdv/