M/S V.M.Matere Infrastructures India Pvt Ltd Through Its Director Vishnu Mahadev Matere v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 359 OF 2016 M/s. V. M. Matere Infrastructures India Pvt. Ltd. through its Director Vishnu Mahadev Matere .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Milind K. Deshpande, Advocate for the Petitioner. Shri S. S. Dande, A.G.P. for the Respondent No. 1. Shri D. P. Bakshi, Advocate for Respondent Nos. 2 to 6. CORAM : S. V. GANGAPURWALA AND K. K. SONAWANE, JJ.

DATE : 11TH APRIL, 2016.

PER COURT :

.

We have heard the learned counsel for respective parties. The prayers made in the present petition cannot be considered by this Court.

2.

Mr. Deshpande, the learned counsel for the petitioner relies on clause 20 (f) of the additional conditions and submits that the appointment of arbitrator is specifically excluded. However, if any dispute arises, the decision is to be given by Member Secretary (Technical). The learned counsel submits that, the petitioner has already filed application / representation with the

2 wp 359.16 respondent No. 2 / Member Secretary on 09.07.2015. 3.

Mr. Bakshi, the learned counsel appears for respondent Nos. 2 to 6. The respondent No. 2 is represented by Member Secretary (Technical).

4.

Considering the above, the respondent No. 2 i. e. the Member Secretary (Technical) shall pass appropriate orders on the application filed by the petitioner dated 09.07.2015 (Exh. AR) on its own merits, expeditiously and preferably within six (6) months from today. The petitioner is at liberty to take such steps as is permissible in law. All contentions of the petitioner as well as respondents in that regard are kept open. The writ petition is disposed of. No costs.

[ K. K. SONAWANE, J. ] [ S. V. GANGAPURWALA, J. ] bsb/April 16