M/S. National Fed. Of Farmers Pron. Processing And Ret. Co-Op. Of India Ltd.,Thr. Aut. Officer v. The Commissioner, Nagpur Municipal Corporation, Dept. Of Public Health Engineering, Nagpur And ORS

2023:BHC-NAG:15936-DB 1 55-WP-6697-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 6697 OF 2023 (M/s. National Federation of Farmers Pronouncement Processing & Retailing Co-operatives of India Ltd., through its Authorised Officer Vs. The Commissioner, Nagpur Municipal Corporation & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court' s or Judge'

s order and Registrar'

s orders.

Shri G.C. Khond, Counsel for the petitioner.

Shri S.K. Mishra, Senior Advocate with Shri J.B. Kasat, Counsel for respondent no.1. Shri A.A. Madiwale, Assistant Government Pleader for respondent nos. 2 and 3. CORAM : A. S. CHANDURKAR AND ABHAY J. MANTRI , JJ.

ATE : OCTOBER 31 , 2023 The petitioner seeks to raise a challenge to the tender notice dated 22/6/2023 on the premise that Co-operative Societies are excluded from participation in the tender process. It is urged that though various legal entities can participate in the tender process, Co-operative Societies have been excluded from such participation.

2] We find that the tender notice was issued on 22/6/2023. In the Instructions to Bidders vide Clause 2.2, the entities eligible to participate were indicated. Co-operative Societies were thus excluded at that stage itself. The petitioner participated in the pre-bid meeting that was held on 28/6/2023. Though its request for treating the Co-operative Societies as eligible to participate in the tender process was not accepted, it did not take immediate steps. The bids have been opened on 6/9/2023. It is thereafter that on 27/9/2023, the present Writ Petition has been filed. 3] For the aforesaid reasons, we find that the petitioner has approached this Court belatedly much after publication of the tender notice and opening of financial bids. We are therefore not inclined to entertain the Writ Petition. It is accordingly dismissed with no order as to costs. (ABHAY J. MANTRI, J.) (A. S. CHANDURKAR, J.) SUMIT