Super Electric And Company, Nagpur, Thr. Auth. Partner, Jaysukh M. Talaviya v. State Of Maharashtra, Public Works Department, Thr. Secretary, Mumbai And ORS.

1 68.WP.6376-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 6376 OF 2024 ( Super Electric & Company, Nagpur Thr. its authorised Partner Vs.

State of Maharashtra & Ors. ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Atul Pande, Advocate for the Petitioner.

Mr. D.V. Chauhan, GP a/b Mr. U.R. Phasate, AGP for the Respondent Nos. 1 to 3/State.

Mr. M.V. Samarth, Senior Advocate a/b Mr. V.P. Ingle, Advocate for the Respondent No.4.

CORAM: AVINASH G. GHAROTE AND ABHAY J. MANTRI, JJ.

DATED : 4th MARCH, 2025 1.

Heard.

2.

It is contended by Mr. Samarth, learned Senior Counsel for the Respondent No.4, that the Petitioner/Firm came to be registered with the Registrar of Firms on 23.04.2024 (page 26) and has been disqualified by the communication dated 10.10.2024 (page 190) on account of Petitioner having not complied with the requirements of clause 1.4.5 (page 41) having not submitted Original Latest Valid Original Solvency Certificate for the last 12 months certifying the financial stability of the tenderer for not less than 20% of the tender amount (Rs.45,92,688/-) mentioning name of work clearly as per the proforma attached. It is also

2 68.WP.6376-2024.odt contended, that there is violation of the requirement of clause 1.4.13 and 1.4.14 which relates to experience of the tenderer for the last five financial years.

3.

Mr. Chauhan, learned Government Pleader/Senior Counsel for the Respondent Nos.1 to 3/State, submits that there is also a violation of clause 1.4.16 and 1.4.17 (page 42). 4.

List the matter on 06.03.2025, by which time, the learned Government Pleader for the Respondent Nos.1 to 3/State, shall procure the original record and also place the copy of bid evaluation sheet.

(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.) SD. Bhimte Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 05/03/2025 11:08:15