M/S. R.K. Sancheti, A Registered Partnership Firm, Thr. Partner Rajendra Kisanlal Sancheti v. State Of Maharashtra, Thr. Public Works Dept. Mantralaya Mumbai And Others

16-A-CAW-747-22.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

CIVIL APPLICATION (W) NO.747 OF 2022 IN WRIT PETITION NO.2448 OF 2021 M/s. R.K. Sancheti, through its partner-Shri Rajendra K.Sancheti Vs.

State of Maharashtra through Public Works Department, Mantralaya, Mumbai and ors.

------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------------------------------ Shri H. V. Thakur, Advocate for applicant/petitioner. Ms. N. P. Mehta, Assistant Government Pleader for non-applicants/respondent nos.1 to 3. Shri C.S.Dharmadhikari, Advocate for non-applicant/respondent no.4/ CORAM :- A.S.CHANDURKAR AND URMILA S. JOSHI-PHALKE, JJ. DATE :- JUNE 08, 2022.

The petitioner seeks leave to amend the writ petition and raise a challenge to the issuance of work order in favour of the respondent no.4 on 14.07.2021. By filing a reply the respondent no.4 has opposed the amendment on the ground that substantial work has been completed and there is a delay in moving the application for amendment. According to the petitioner copy of the work order was placed on record alongwith the reply filed by the respondent nos. 1 and 2. Considering the fact that in the writ petition the challenge is raised to the declaration of the petitioner not being qualified to participate in the tender process, we are inclined to allow the amendment since it is based on subsequent events. The effect of completion of portion of the work in question can be considered while deciding the writ petition. The amendment is thus allowed. The same be carried out within a period of one week from today.

The civil application is disposed of.

16-A-CAW-747-22.odt 2 WRIT PETITION NO.2448/2021 Put up for further consideration on 28.06.2022. Ad-interim relief granted on 14.07.2021 shall continue until further orders.

( URMILA S. JOSHI-PHALKE, J.) (A.S.CHANDURKAR, J.) Andurkar..

ANDURKAR Personal Assistant 10.06.2022 10:42