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Bombay High CourtWP/4261/2016dispossed offdismiss for default

M/S. Siddhi Vinayak Transport Corporation Thr. Shri Satish S/O Ghansilal Gupta And Others v. Maharashtra State Power Generation Company Ltd., Thr. Managing Director Mumbai

2016-12-01Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Kum. Justice Indira Jain2 pages

1 wp4261.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 4261 OF 2016.

(M/S. SIDDHI VINAYAK TRANSPORT CORPORATION..VS..MAH. STATE POWER GENERATION CO. LTD..) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Akshay Naik Advocate for Petitioners.

Shri M.P.Khajanchi, Advocate for Respondents. CORAM : B.P.DHARMADHIKARI AND KUM. INDIRA JAIN, JJ.

DATED : DECEMBER 01, 2016.

1.

Perused orders of this Court dated 27th July, 2016 and reply placed on record by the respondents, particularly paragraph Nos. 6 and 9 thereof.

2.

The petitioners have no objection if respondents proceed further as mentioned in paragraph Nos. 6 and 9 of the reply affidavit. However, the learned counsel for the petitioners states that qualification that rates must be found competitive and beneficial to the respondents, introduced in paragraph 9 of the affidavit is contrary to the contract conditions. The learned counsel for the respondents disputes this.

3.

Contingency to consider that aspect will arise when the reverse bidding process reaches its end. 4.

In this situation, at this stage we are not inclined to pronounce upon the validity or otherwise thereof.

2 wp4261.16 5.

Keeping all rival contentions about it open and with liberty to the respondents to proceed further with reverse bidding as per clause 6 of the Notice Inviting Tender (NIT) No. 20348 (Annexure-B with petition), we dispose of the petition.

No costs.

JUDGE JUDGE RRaut..