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Bombay High CourtCAW/307/2025allowed

M/S J. V. Construction, Thr. Partner, Shri Jawahar Manohar Kumbhalkar And Others v. Municipal Council Tumsar, Thr. Chief Officer And Others

2025-02-04Hon'Ble Shri Justice Nitin W. Sambre,Hon'Ble Mrs. Justice Vrushali V. Joshi1 pages

1 wp408.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION NO.307/2025 AND WRIT PETITION NO.408 of 2025 M/s. J. V. Construction Thr. Its Partner Jawahar Manohar Kumbhalkar and others Vs. Municipal Council, Tumsar and others Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr. M.M. Dhandekar, Advocate for petitioners CORAM : NITIN W. SAMBRE & MRS. VRUSHALI V. JOSHI, JJ. DATE : FEBRUARY 04, 2025.

1.

Heard.

2.

Civil Application for amendment is allowed. Amendment to be carried out within three days.

3.

It is claimed that pursuant to the G.R. dated 27th September, 2018, it was mandatory for the respondent-Municipal Council to summon the petitioners at the time of opening of the tender. As such it is claimed that the respondents have failed to maintain transparency pursuant to the mandate of the State Government. It is further alleged that disqualification of the petitioner is based on failure to clear technical evaluation. It is brought to our notice that though the petitioners have submitted the list of the machinery along with the documents which was duly acknowledged by message received as reflected at page no.219, for incorrect factual reasons the tender of the petitioners is rejected.

4.

Issue notice to the respondents, returnable on 18th February, 2025. 5.

The petitioner to provide amended copy of petition to the office for service on the respondents.

(MRS.VRUSHALI V. JOSHI, J.) (NITIN W.SAMBRE, J.) Mukund Ambulkar