Chandra Coal Pvt. Ltd. Through Its Director, Shailendra Kailashchandra Agrawal v. Western Coalfileds Ltd. Through Its Cmd, Nagpur And Another

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 2213 OF 2016 Chandra Coal Pvt. Ltd., thr. Its Director Shailendra Kailashchandra Agarwal -vsWestern Coalfields Ltd., thr.its CMD, Nagpur and another ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Mr.R.S.Renu, counsel for the petitioner.

Mr.A.M.Ghare, counsel for the respondents.

CORAM : SMT. VASANTI A. NAIK & V. M. DESHPANDE, JJ.

DATE : 11.04.2016.

By this writ petition, the petitioner has sought a direction against the respondents to permit the petitioner to participate in the etender notice. The e-tender was floated by the Western Coalfields Ltd. and the same was to be filled online. It is the case of the petitioner that the petitioner could not fill the tender, as there was some problem in uploading of the tender on the side of the Western Coalfields Ltd. In this background, the petitioner has sought a direction to the respondents to permit the petitioner to participate in the tender process.

Shri Ghare, the learned counsel for the respondentWestern Coalfields Ltd., states that though the petition is liable to be dismissed on merits, inasmuch as there was no fault on the part of either the Western Coalfields Ltd. or the agency hired by it, i.e. N.C.I. and the tender of the petitioner may not have been uploaded in view of the fault on the part of the petitioner, it would not be necessary to consider the issue involved in this case, as after the bids were received, the Western Coalfields Ltd. has taken a decision to cancel the tender.

2/2 wp2213.16 In view of the statement made by the learned counsel for the respondent-Western Coalfields Ltd. pertaining to the cancellation of the tender process, the cause of action for filing this writ petition would not survive. The writ petition is disposed of with no order as to costs.

JUDGE JUDGE KHUNTE