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Bombay High CourtWP/4116/2018dismissedrule discharged

Shailendra Ramsevak Singh v. The State Of Maharashtra, Through Its Secretary, Social Welfare Dept. Mumbai And Others

2018-07-12Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice Z.A. Haq2 pages

1 wp4116.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.4116/2018 Shailendra Ramsevak Singh ..Vs..

The State of Maharashtra and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.S. Dhengale, Advocate for petitioner.

Ms. H.N. Prabhu, A.G.P. for respondent Nos.1 to 3. CORAM : B.P. DHARMADHIKARI AND Z.A.HAQ, JJ. DATED : 12.7.2018.

1.

Matter was heard by this Court for some time on 11.7.2018. Contention was, respondent Nos.4 to 6 did not upload power-of-attorney authorising the signatory to submit tender. Hence, we adjourned the matter to today. Contention is, respondent Nos.4 to 6 are firms. Today, Civil Application -----/2018 (unregistered) is filed in Court seeking leave to amend. Respondent No.7 is sought to be added.

2.

Description of respondent Nos.4 to 6 in writ petition shows that they are proprietary concerns. Respondent No.7 sought to be added is described as M/s. Sewa Agencies / Nadir Naruddin Bhamani and then its

2 wp4116.18 address is given. Whether it is company or firm or proprietorship is not described.

3.

Condition in tender document contemplates power-of-attorney when tender is submitted by an artificial / legal person. Petitioner is failing to demonstrate that respondent Nos.4 to 6 or then respondent No.7 are such artificial / legal person. No case is made out. Writ petition is dismissed. No costs. JUDGE JUDGE Tambaskar.