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Bombay High CourtWP/8606/2019disposed offdismissed for default

Shri Ajubai Electrical Sushikshit Berojgaar Sahakari Seva Sanstha Maryadit Aurangabad Thr Chairman v. Maharashtra State Electricity Distribution Company Limited Through Superintending Engineer And ANR

2019-10-11Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Anil S. Kilor3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO.8606 OF 2019 Shri Ajubai Electrical Sushikshit Berojgar Sahakari Seva Sanstha Maryadit Aurangabad, through its Chairman .. Petitioner

Versus

Maharashtra State Electricity Distribution Company Ltd., through Superintending Engineer and anr.

.. Respondents Mr K.C. Khanapure, Advocate for petitioner Mr A.S. Bajaj, Advocate for respondent no.1 Mr Balaji Lipane, Advocate for respondent no.2 - WITH - CIVIL APPLICATION NO.11885 OF 2019 IN WRIT PETITION NO.8606 OF 2019 Maharashtra State Electricity Distribution Company Ltd., through Superintending Engineer ..Applicant

Versus

Shri Ajubai Electrical Sushikshit Berojgar Sahakari Seva Sanstha Maryadit Aurangabad, through its Superintending Engineer ..Respondent Mr A.S. Bajaj, Advocate for applicant Mr K.C. Khanapure, Advocate for petitioner in W.P. Mr Balaji Lipane, Advocate for respondent no.2 in W.P. CORAM : S.V. GANGAPURWALA AND ANIL S. KILOR, JJ.

DATE : 11.10.2019

ORAL ORDER :

1.

We have heard learned Counsel for the petitioner and the respondents.

2.

The present writ petition is filed seeking directions against the respondents to allow the petitioner to participate in the process of tender without insisting for the payment of earnest money deposit on the ground that as per Government Resolutions dated 17.8.2002 and 31.7.2003, the petitioner and the association of elected unemployed have exempted from payment of earnest money deposit. 3.

Pursuant to the filing of the writ petition, the respondents have opened the tender of the petitioner also along with the other tenders. 4.

The Civil Application is filed by the respondent stating that the tenders are opened and the original writ petitioner is not the lowest. 5.

As the tender of the petitioner is opened and considered along with the other bidders, the purpose of writ petition stood fructified. The grievance of the petitioner does not subsist. 6.

Learned Counsel for the petitioner submits that the petitioner is assailing allotment of tender to the success bidder. The petitioner may assail the same in accordance with law.

7.

In view of that Writ Petition stands disposed of. No costs. Civil Application No.11885 of 2019 also disposed of. ( ANIL S. KILOR, J.) ( S.V. GANGAPURWALA, J.) vvr