Sumeet Ssg Bvg Maharashtra Ems Pvt Ltd Through Authorised Representative S. Sowale v. The State Of Maharashtra And ORS

30-WP.13113.2024 Jvs.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13113 OF 2024 Sumeet SSG BVG Maharashtra } EMS Pvt. Ltd.

} Petitioner

Versus

The State of Maharashtra & Ors. } Respondents Mr. Siddharth Chavde i/b. Mr. Chinmay Patil for petitioner.

JAYANT VISHWANATH SALUNKE JAYANT VISHWANATH SALUNKE Date: 2025.03.04 18:09:32 +0530 Mr.

O.

A.

Chandurkar, Additional Government Pleader with Ms.

G.

R.

Raghuwanshi, AGP for respondents 1 to 4.

CORAM: ALOK ARADHE, CJ. & BHARATI DANGRE, J.

DATE:

MARCH 4, 2025 P.C.:

1.

In this writ petition, the petitioner, inter alia, seeks direction to the respondents to execute the concessionaire agreement in terms of the Letter of Acceptance (LoA) dated 15th March 2024.

2.

We have perused the record. From a perusal of the record, it is evident that a tender was floated by the respondents for providing Design, Build, Finance, Operate and Transfer Maharashtra Emergency Medical Services (MEMS-108 Ambulance Service) on OPEX+CAPEX basis with fleet of 1756 ambulances and an Emergency Response Center (ERC). The grievance of the petitioner is that though the contract was

30-WP.13113.2024 awarded to the petitioner on 15th March 2024, yet, no action is being taken by the respondents to execute the agreement. 3.

Learned Additional Government Pleader appearing for the respondents submits that in view of the pendency of a PIL, namely, Public Interest Litigation No. 62 of 2024, action is not being taken to execute the agreement in favour of the petitioner, however, he fairly submits that there is no ad-interim order in the PIL.

4.

In the absence of any restraint order from any Court or authority, we have failed to appreciate the inaction on the part of the respondents. Learned Additional Government Pleader is, therefore, directed to seek instructions and to apprise this Court with regard to the execution of the contract in favour of the petitioner, on or before the next date of listing. 5.

List on 11th March 2025.

(BHARATI DANGRE, J.) (CHIEF JUSTICE)