M/S Universal Transport Service, Through Its Partner Shakil Ahmad S/O Mukhtyar Ahmad And 3 Others v. Maharashtra State Warehousing Corporation, Pune And 2 Others

WP7187-14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR.

Writ Petition No.7187/2014 (M/s Universal Transport Service, Chandrapur, through its Partner & 3 ors. .vs. Maharashtra State Warehousing Corporation Pune and ors. ) ------------------------------------------------------------------------------------------------------------- --- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's orders Mr. N.A. Padhye, Advocate for Petitioners.

Mr. N.R. Saboo, Advocate for Respondent no.3. CORAM : B.R. Gavai & Mrs. Mridula Bhatkar, JJ.

DATED : February 24, 2015.

Faced with the difficulties that the impugned order does not take into consideration the submissions made by the petitioners in its written submissions, Mr. Saboo, learned counsel appearing on behalf of respondent no.3 fairly concedes that the impugned order is not sustainable and, therefore, liable to be quashed and set aside.

In that view of the matter, the petition is allowed. The impugned order dated 28.1.2014 is quashed and set aside. The matter is remitted back to the respondent no.2 for considering the submissions of the petitioners and passing the reasoned order which shall take into consideration the submissions made by the petitioners.

Needless to state that we have not restrained

WP7187-14.odt the respondents from proceeding with the further tender process for the next financial year.

JUDGE JUDGE halwai