Isc Projects Bna Infra Jv Joint Venture Through Ashwin Suresh Agrawal v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 9733 OF 2018 ISC Projects-BNA-Infra (JV) Petitioner

Versus

Union of India & others Respondents Mr.S.M.Godsay, advocate for the petitioner. Mr.M.N.Navandar, Standing Counsel for Respondents No.1 & 2. CORAM : R.M.BORDE & MANGESH S. PATIL, JJ.

Reserved on : 17th October, 2018.

Pronounced on : 02nd November, 2018 PER COURT:

The petitioner-bidder is praying for issuance of directions to the respondents to set aside the order passed by Respondent-employer holding the petitioner-contractor technically not qualified, by virtue of e-mail order issued on 06.08.2018. Heard learned Counsel for respective parties. Without entering into merits of the controversy, this petition can be disposed of in view of the statement made on behalf of Respondent-employer. Since the objection raised in the matter is of hyper technical nature, it has been decided by the Respondentemployer to open price bid tendered by the petitioner. In view of the decision taken by the Respondentemployer, which has been communicated by the learned Counsel

{2} wp973318.odt appearing for Respondent-employer, on instructions, the earlier decision communicated vide e-mail dated 06.08.2018 stand overruled and need not be pressed in service. Since the respondent-employer has decided to open price bid of the petitioner-bidder, grievance raised by the petitioner, in the instant petition, stands redressed.

Writ Petition is accordingly disposed of.

MANGESH S. PATIL R.M.BORDE JUDGE JUDGE adb/