Shri Saibaba Sansthan Shirdi Thr Its Ex. Engineer/Administrative Officer v. The State Of Maharashtra

2023:BHC-AUG:26147-DB ( 1 ) ca 14637.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 952 CIVIL APPLICATION NO.14637 OF 2023 IN PIL/98/2021 SHRI SAIBABA SANSTHAN SHIRDI THR ITS EX. ENGINEER/ADMINISTRATIVE OFFICER

VERSUS

THE STATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY ...

Advocate for Applicant : Mr. Bajaj Anil S.

AGP for Respondents/State : Mr. P.S. Patil ...

CORAM : RAVINDRA V. GHUGE & Y.G. KHOBRAGADE, JJ.

DATE : 8th December, 2023 P.C. :- 1.

The Applicant-Sansthan has put-forth prayer clause-B as under: "(B) This Hon'ble Court may kindly grant permission to implement Resolution No.513/2 passed by the learned Ad-hoc Committee in its meeting dated 23.08.2023 pursuant to which the applicant is permitted to give extension to M/s. Mitra Sen Medicare Mumbai, on the same terms and condition as agreed initially for further period of 6 months or till the new E-tender process is completed whichever is earlier and to enter the name of M/s. Rohit Enterprises Pune, in blacklist and forfeit the amount of Rs.2 lakhs deposited by M/s. Rohit Enterprises Pune."

2.

It is pointed out that the e-tendering process was followed. However, Rohit Enterprises suddenly backed out and has created a difficult

( 2 ) ca 14637.23 situation for the Sansthan by which it is unable to operate the medical store. The Sansthan intends to take action against Rohit Enterprises. However, until the tender process is once again completed, a Pharmacy namely M/s. Mitra Sen which was earlier the successful bidder and has successfully completed the contract, will have to be continued for a further period of six months or till the new Pharmacy is selected to operate the said facility through e-tendering process. We are informed that the learned Principal District Judge, Ahmednagar, who is the Chairman of the Ad-hoc Committee of Shirdi, has approved Resolution No.513/2.

3.

In view of the above, this application is allowed in terms of prayer clause-B.

[Y.G. KHOBRAGADE, J.] [RAVINDRA V. GHUGE, J.] mub