Bombay High Court
Harbour Water Suppliers Co. Pvt. ... vs Municipal Corporation Of Greater ... on 2 February, 2021
Bench: R.D. Dhanuka, Virendrasingh Gyansingh Bisht
06-WP(l)-4509-2020.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 4509 OF 2020
Harbour Water Suppliers Co. Pvt. ... Petitioners
Ltd. & Anr.
V/s
The Municipal Corporation of Gr. ... Respondents
Mumbai & Ors.
Mr. Gauraj Shah a/w Ms. Meetal Savla i/b M/s. Chitnis Vaithy & Co., for
the Petitioners.
Mr. Rajiv Chavan, Senior Advocate a/w Ms. Pallavi Thakur i/b Ms. Aruna
Savla, for Respondent No.1-MCGM.
Ms. Sneha Pandey i/b M/s. Motiwala & Co., for Respondent No.2.
Mr. Sugandh Deshmukh, for Respondent No. 3.
CORAM : R. D. DHANUKA &
V. G. BISHT, JJ.
DATE : 2ND FEBRUARY, 2021.
PC:
By this petition filed under Article 226 of the Constitution of India,
the petitioner seeks an order and direction against Respondent No.2 to
comply with the terms under the tender described in prayer clause (a) of
the Writ Petition and further seeks to issue a Writ of Mandamus, order
and directions against the respondent no.1 to restore the supply of water
to the water connection of petitioner no.1 described in prayer clause (b).
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06-WP(l)-4509-2020.odt
2 Our attention is invited to the judgment delivered by a Division
Bench of this Court on 10/01/2020 in Writ Petition (L) No. 3756 of
2019 filed by petitioner's herein and also in the Writ Petition (L) No. 50
of 2020 filed by OK Marine and Others. Our attention is also invited to
para 5.9 of the said judgment. By the said judgment, this Court disposed
off both the Writ Petitions and directed the MCGM to restore the water
supply to this petitioner with immediate effect.
3 Being aggrieved by the judgment delivered by this Court,
respondent no.3 filed two Special Leave Petitions bearing Special Leave
to Appeal No. 7448 of 2020 before the Hon'ble Supreme Court. By an
order dated 24/06/2020, the Hon'ble Supreme Court granted Special
Leave to the Respondent No.3 herein. The Hon'ble Supreme Court
recorded the contention of Respondent No. 3 herein that the contract
granted to petitioner herein was terminated on 13/09/2013. The Writ
Petition filed by the petitioner bearing No. 2094 of 2013 was also
dismissed on 24/04/2015.
4 The petitioners had filed another Writ Petition challenging the
subsequent communication of termination of contract. It was pointed
out to the Hon'ble Supreme Court that the Mumbai Port Trust vide
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06-WP(l)-4509-2020.odt
Communication dated 01/01/2020 had communicated to the Assistant
Engineer (Water Works) 'E' Ward office, Municipal Corporation of
Greater Mumbai regarding the dismissal of the Writ Petition. Such fact
was not brought to the notice of this Court by the Municipal Corporation
of Greater Mumbai. The Hon'ble Supreme Court noticed that the
petitioner herein was unsuccessful in the tender for allotment of water
supply in which respondent no.3 herein was the successful bidder. By
the said order, the Hon'ble Supreme Court issued notice and directed
that in the meantime, the order of the High Court in Writ Petition No.
3756 of 2019 shall remain stayed. As a consequence thereto,
Respondent No.3 would supply the water in terms of the tender allotted
to it.
5 It is not in dispute that the petitioner herein thereafter applied for
vacating the stay granted by the Hon'ble Supreme Court by filing an
Interim Application. By an order dated 28/07/2020 the Hon'ble
Supreme Court dismissed the said Interim Application No. 62775 of
2020 in SLP ( C) No. 8068 of 2020. The Hon'ble Supreme Court
observed that there were no reasons to vacate the order that had been
passed on 24/06/2020.
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6 In view of these two orders dated 24/06/2020 and 28/07/2020
passed by the Hon'ble Supreme Court, we are not inclined to entertain
this petition and same is accordingly dismissed. No order as to costs.
(V. G. BISHT, J.) ( R. D. DHANUKA, J.)
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