Vivek Vithal Gawai v. The Delhi Mumbai Industrial Corridor Development Corporation Thru Its Managing Director And Another

Writ Petition No.409/2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO.409 OF 2016 Shri Vivek Vithal Gawai ...

PETITIONER

VERSUS

The Delhi Mumbai Industrial Corridor and another ...

RESPONDENTS .....

Shri D.S. Bagul, Advocate for petitioner Shri A.B. Girase, Govt. Pleader for State .....

CORAM:

R.M. BORDE AND A.I.S. CHEEMA, JJ.

DATED:

13th January, 2016.

ORAL ORDER :

1.

The petitioner is objecting to the tender conditions recorded in the tender document published on 7.8.2015. The objection of the petitioner is in respect of the tender Condition No.2.2.2 and 2.2.3. It is contended that the joint venture has been extended a favourable statement and further that there are

Writ Petition No.409/2016 stringent financial conditions laid down in respect of individual bidder, which is not contemplated under the standard bidding documents.

2.

It is not a matter of dispute that the tenders have already been submitted in the month of December 2015 and the process is at advanced stage. Apart from this, we do not find any substance in the contentions of the petitioner that the conditions recorded in the tender notice are stringent or discriminatory in any manner. It is for the tendering authority to prescribe necessary conditions taking into account the nature of the work and the finances involved. In exercise of extraordinary jurisdiction under Article 226 of the Constitution of India, no interference is called for. Writ Petition is devoid of substance, hence stands rejected.

(A.I.S. CHEEMA, J.) ( R.M. BORDE, J.) fmp/wp409.16