Hemant Ashar, The Partner Of Shreeji Network Solutions v. Nashik Municipal Smart City Development Corporation Ltd. And ORS

904-WP.867.2024 Jvs.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 867 OF 2024 Hemant Ashar, the Partner } of Shreeji Network Solutions } Petitioner versus Nashik Municipal Smart City } Development Corporation } Ltd. & Ors.

} Respondents Mr. Ashutosh Kulkarni i/b. Mr. Susmit Phatale for the petitioner.

Mr. M. L. Patil for respondents 1 and 2.

Ms. Priyanka Desai with Ms. Rucha Prabhu i/b. The Fort Circle for respondent no. 3.

CORAM: DEVENDRA KUMAR UPADHYAYA, CJ. & ARIF S. DOCTOR, J.

DATE:

25th JANUARY 2024 P.C.:

1.

Issue notice to the Respondents, returnable on 30th January 2024.

2.

Mr. Patil, learned counsel puts in appearance on behalf of respondents 1 and 2 and waives service of notice and Ms. Desai, learned counsel puts in appearance on behalf of respondent JAYANT VISHWANATH SALUNKE no.3 and waives service of notice.

JAYANT VISHWANATH SALUNKE Date: 2024.01.25 14:53:03 +0530 3.

Contention of the learned counsel for the petitioner is that the respondent no. 3 participated in the tender and submitted

904-WP.867.2024 certain forged and fabricated documents. Our attention has been drawn to a certificate issued by Shri. Ramdas Ugale, a Chartered Accountant certifying the turnover of the respondent no. 3 for last five years, according to which, each year the turnover of the said firm was more than Rs.35 crores. The said certificate is said to have been issued by the said Chartered Accountant on 21st July 2022.

4.

Learned counsel for the petitioner, thereafter, takes us to another document available at page 372 of the writ petition, which is the death certificate issued by Navi Mumbai Municipal Corporation under the Registration of Births and Deaths Act, 1969, which depicts the date of death of the said Chartered Accountant-Ramdas Ugale as 18th April 2015.

5.

If the document at page 371, which is the certificate issued by the Chartered Accountant, was submitted as part of the bid document by the respondent no. 3 and the death certificate annexed as Exhibit-I to the writ petition is genuine, the bid submitted by the respondent no. 3 will come under cloud of suspicion for misrepresentation.

6.

Let complete instructions in the matter be sought by the respondents by the next date of listing.

7.

Learned counsel representing the Nashik Municipal Smart City Development Corporation Ltd. shall produce the complete bid documents submitted by respondent no. 3 on the next date of listing.

8.

Stand over to 30th January 2024 'for directions'. (ARIF S. DOCTOR, J.) (CHIEF JUSTICE)