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Bombay High CourtWP/633/2025allowed to be withdrawn

Sai Ganesh Enterprises Thr. Hindkumar S.Yadav v. Pimpri Chinchwad Municipal Corporation And ORS

2025-01-24Hon'Ble Shri Justice A.S. Gadkari , Hon'Ble Justice Kamal Khata2 pages

ssm 46-wp633.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 633 OF 2025 Sai Ganesh Enterprises .....Petitioner.

Vs.

Pimpri Chinchwad Municipal Corporation & Ors.

.....Respondents _____________________________________________ Mr. Jagdish Jayale a/w Adv. Jayesh Jayale for the Petitioner. Mr. Kedar B. Dighe for the Respondent Nos.1 and 2-PCMC. Ms. Gauri Velankar i/by Adv. Sarang S. Aradhye for the Respondent No.3. ___________________________________________ CORAM : A. S. GADKARI AND KAMAL KHATA, JJ.

DATE : 24th JANUARY, 2025.

P.C.:- 1) As there are disputed questions regarding payment of amount either to Petitioner or Respondent No.3, we are not inclined to entertain the Petition.

2) Record prima facie indicates that, the Respondent No.3 was a lead partner of the Petitioner in the bid process of the concerned tender allotted by the Respondent No.1.

3) According to us, Petitioner represented by its partner will have to establish his legal rights to claim the disputed amount from the 1/2

ssm 46-wp633.2025.doc Respondent No.3.

4) In view thereof, learned Advocate for the Petitioner on instructions seeks leave to withdraw the Petition with liberty to file appropriate proceedings before the Civil Court having jurisdiction, subject to the provisions of law of limitation.

Leave and liberty granted.

5) Disposed off as withdrawn with aforesaid liberty. (KAMAL KHATA, J.) (A.S. GADKARI, J.) by SANJIV SHARNAPPA MASHALKAR Date: 2025.01.30 19:09:56 +0530 SANJIV SHARNAPPA MASHALKAR 2/2