Ashok Bhagvat Ingole v. Gurudatta Infrastructures Through Authorized Person Sanjay Ashok Rode Nasik And Others

1 919-CA-3910-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3910 OF 2019 IN WRIT PETITION NO. 13954 OF 2018 Ashok Bhagvat Ingole ...Applicant

Versus

Gurudatta Infrastructure Through Authorized Person Sanjay Ashok Rode and Ors.

...Respondents

Mr. S.G.Chapalgaonkar, Advocate for Applicant Mr. A.R. Kale, Assistant Government Pleader for Respondent/State Mr. S.S. Kulkarni, Advocate for petitioner in WP Mr. M.K. Goyanka, Advocate for Respondent No. 3 CORAM : S. V. GANGAPURWALA & A. M. DHAVALE, JJ.

DATE : 15th MARCH, 2019 ORAL ORDER:

1.

The Civil Application is filed for intervening in the matter and directing the original writ petitioner to add applicant as respondent No. 4.

2.

Mr. Kulkarni, the learned Counsel for the original Writ Petitioner submits that the present applicant has not deposited the amount within the stipulated period and as such, the right does not subsist in him.

2 919-CA-3910-2019 3.

Mr. Chapalgaonkar, the learned Counsel submits that the original Writ Petitioner and the present applicant had applied pursuant to the same tender and the tender of the present applicant is accepted.

4.

As far as deposit of the amount is concerned, the learned Counsel submits that within the stipulated time, the applicant has complied the condition of deposit.

5.

The said arguments would be on the merits of the matter. The tender process is assailed in the Writ Petition. The present applicant claims to be successful bidder, as such, would be interested in the result of the petition and if any order is passed, he may be affected.

6.

In light of the above, the Civil Application is allowed and the original writ petitioner is directed to add the present applicant as respondent No. 4 in the Writ Petition.

7.

Civil Application stands disposed of.

[ A. M. DHAVALE ] [ S. V. GANGAPURWALA ] JUDGE JUDGE mta