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Bombay High CourtCP/120/2023disposed off

Shantai Entrerprises Through Its Proprietor Mayur Pitambar Patil v. Shri Mohan Avhad Chief Engineer At Bhusawal Thermal Power Station Shakti Gadh Deep Nagar Bhusawal

2023-03-14Hon'Ble Shri Justice Mangesh S. Patil,Hon'Ble Shri Justice M. M. Sathaye2 pages

1 979-CP-120-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

CONTEMPT PETITION NO. 120 OF 2023 IN WRIT PETITION NO. 1349 OF 2023 Shantai Enterprises through its Proprietor - Mayur Pitambar Patil

...Petitioner

Versus

Shri Mohan Avhad, Chief Engineer at Bhusawal Thermal Power Station, Shakti Gadh Deep Nagar, Bhusawal.

...Respondent

.....

Mr. Bhausaheb S. Deshmukh - Advocate for the petitioner Mr. Rahul Tambe - Advocate for respondent .....

CORAM : MANGESH S. PATIL AND M. M. SATHAYE, JJ.

DATED : 14.03.2023 PER COURT : - 1.

Learned advocate for the petitioner submits that the order passed by this court dated 06.02.2023 in Writ Petition No. 1349 of 2023 prevented the respondents from concluding the on-going e-auction process. To circumvent the order, a fresh e-tender has been floated and concluded.

2.

Accepting the submission at its face value, intentions of the respondents apart, in our considered view, it cannot be said that there is

2 979-CP-120-2023.odt a wilful disobedience in the sense that the order of this court never prevented the respondents from floating a fresh tender and only prevented it from concluding the ongoing tender. 3.

There is no contempt. Petition stands disposed of. [ M. M. SATHAYE ] [ MANGESH S. PATIL ] JUDGE JUDGE SGP