Thakur Infraprojects Pvt Ltd v. State Of Maharashtra Thr Directorate Of Industries And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10537 OF 2025 Thakur Infraprojects Pvt. Ltd.

....Petitioner : Versus :

State of Maharashtra, through Directorate of Industries and Ors.

.....Respondents _______________________________________________________________ Mr. Zal Andhyarujina, Senior Advocate with Mr. Nirman Sharma, Mr. Dhrupad Vaghani, Ms. Gayatri Mohite, Mr. Ashwath Reddy, Ms. Rashmi Shetty & Ms. Akanksha Agarwal, i/b Anchorstone Legal, for Petitioner Ms. Neha Bhide, Govt. Pleader with Ms. Apurva Thipsay, 'B' Panel Counsel, for State, Respondent No. 1 Mr. Rahul Sinha with Mr. Soham Bhalerao & Mr. Harshit Tyagi i/b DSK Legal, for Respondent - CIDCO Mr. Ashish Kamat, Senior Advocate with Ms. Ekta Dalvi, Mr. Harsh Moorjani, Mr. Bhavya Shah, for Applicant in IA(ST)/26489/2025. ______________________________________________________________ CORAM : ALOK ARADHE, CJ & SANDEEP V. MARNE, J.

DATED : 31 JULY 2025.

P.C. :

1) The Division Bench of this Court by order dated 6 May 2025 had disposed of Writ Petition No. 13976 of 2024. The order passed by 1 of

the Division Bench of this Court was subject matter of challenge in SLP(C) No. 13562/2025. The Supreme Court by an order dated 14 May 2025 dismissed the Review Petition as withdrawn with liberty to M/s. PNC-Aakshya Joint Venture Pvt. Ltd. to file a Review Petition. The order dated 14 May 2025 passed by the Supreme Court reads thus :

1. While we were not inclined to interfere with the order passed by the High Court, Dr. Abhishek Manu Singhvi and Mr. Gaurav Agarwal, learned Senior Advocates appearing for the petitioner have submitted that as the High court has not considered their submission based on the applicability of Clause 3(T) of the Tender document coupled with the letter dated 12 March 2025, they will approach the High Court by invoking its review jurisdiction. While we have not expressed any opinion on this submission of the learned counsels, we permit them to withdraw the Special Leave Petition.

2.

Special Leave Petition is dismissed as withdrawn with liberty to approach this Court against the main as well as the review order if any and if so advised.

2) Mr. Kamath, learned Senior Advocate appearing for the Petitioner-M/s. PNC Aakshya Joint Venture Pvt. Ltd. submits that in pursuance of liberty granted by the Supreme Court, M/s. PNC Aakshya Joint Venture Pvt. Ltd. has filed Review Petition (Lodg.) No. 18263/2025 and has further pointed out that in the instant Writ Petition, M/s. PNC Aakshya Joint Venture Pvt. Ltd. has also filed Interim Application (Lodg.) No. 26489/2025 seeking impleadment. 3) In view of the aforesaid submissions, let this Writ Petition alongwith Interim Application (L) No. 26489/2025 and Review Petition (Lodg.) No. 18263/2025 be listed on 8 August 2025 before the Bench 2 of

which passed the order dated 6 May 2025 in Writ Petition No. 13976/2024.

4) In the meanwhile, it will be open for the parties to complete the pleadings, if so advised.

[SANDEEP V. MARNE, J.] [CHIEF JUSTICE] Digitally signed by NEETA SHAILESH SAWANT Date:

2025.07.31 19:40:13 +0530 NEETA SHAILESH SAWANT 3 of