M/S Vaidya Industries, Thr. Its Proprietor, Mr. Vivek Vinayak Vaidya v. State Of Maharashtra, Thr. Deputy Engineer, National Health Mission, Nagpur And ANR

1 / 3 28.cao1557.2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO. 1557 OF 2024 IN MISC. CIVIL APPLICATION (ST) NO. 23342 OF 2024 IN WRIT PETITION NO. 5760 OF 2024 (D) M/s. Vaidya Industries, Nagpur Vs.

State of Maharashtra, Thru. Deputy Engineer, National Health Mission, Nagpur and anr.

---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------- Mr. Pravin Chandra, Advocate a/w Mr. R.N. Borwankar, Advocate for petitioner.

Mr. H.D. Marathe, AGP for respondent Nos.1 & 2. CORAM : NITIN W. SAMBRE AND MRS. VRUSHALI V. JOSHI, JJ.

DATE : 03.01.2025.

We have heard the learned counsel appearing for the applicant who is supporting the prayer for review of the order dated 16.10.2024, wherein the petition questioning the disqualification of the petitioner in a tender matter was upheld. 2.

We are sensitive to the fact that post dismissal of the petition on 16.10.2024, petitioner unsuccessfully contested before the Apex Court

2 / 3 28.cao1557.2024 questioning the legality of the said order dated 16.10.2024 and the SLP was dismissed in limine. 3.

Rightly so, the learned counsel for petitioner has claimed that in case if the SLP is dismissed in limine, the review petition is maintainable.

4.

However, the review is sought on the ground that the last date for submission of tender as could be inferred from the tender document was 16.08.2024 and the petition that was initiated by the petitioner in the Jharkhand High Court was on 29.08.2024.

5.

The petitioner has submitted his tender on 16.08.2024 and that being so, he had no occasion to provide the said information to the tendering authority.

6.

Neither there were any pleadings nor any material was placed on record when the petition was heard viz. the petition in the Jarkhand High Court was initiated by the petitioner on 29.08.2024 i.e. after 16.08.2024, when the tender was submitted which led to passing of the order dated 16.10.2024 to the aforesaid effect.

3 / 3 28.cao1557.2024 7.

The petitioner is seeking review on the aforesaid ground.

8.

The counsel for the petitioner at this stage seeks time to prepare and address this Court as to whether the review jurisdiction can be exercised on the factual matrix which were neither pleaded nor argued.

9.

Stand over to 21.01.2025.

(Mrs. Vrushali V. Joshi, J.) (Nitin W. Sambre, J.) Signed by: Mrs. Prity Gabhane Designation: PA To Honourable Judge Date: 04/01/2025 12:28:51