Udasa Sahakari Majoor Sanstha ... vs State Of Maha. Thr. Secretary Of ...
2021 Latest Caselaw 7589 Bom

                                                                                                           2wp 1880.2021.odt
                                                                1

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               NAGPUR BENCH : NAGPUR

                                         Writ Petition No. 1880/2021

                Udasa Sahakari Majoor Sanstha Maryadit, Udasa and anr.
                                        ..VS..
                            State of Maharashtra and ors.
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Office Notes, Office Memoranda of                                     Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order__________________________________________________________
                                          Shri S.V. Deshmukh, Advocate for the petitioners
                                          Shri A.S. Fulzele, AGP for respondent nos. 1 and 3/State
                                          Shri Manoj Sable, Advocate for respondent no. 2
                                          Shri Onkar Ghare, Advocate for respondent no. 4


                                           CORAM :              SUNIL B. SHUKRE AND
                                                                AVINASH G. GHAROTE, JJ.

                                           DATED           :    08/06/2021


                                                     Hearing           was        conducted             through           Video

Conferencing and all the learned Counsel agreed that the audio and visual quality was proper.

2. Heard learned Counsel appearing for the respective parties.

3. It is a fact admitted by the learned Counsel for the petitioners that the petitioners have taken part in the Tender process and their technical bids after their opening have been accepted and they have been found to have qualified for the next round of price bids. These facts would indicate that now the petitioners, who are seeking to issue direction for quashing and setting aside the condition nos. 26 and 32 of the Tender Notice No. 1/2021

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2wp 1880.2021.odt

dated 11.01.2021 (i.e. Prayer Clause A), cannot be permitted to turn around and challenge the conditions of the Tender Notice itself, in view of the judgment passed by the Hon'ble Apex Court in the case of Meerut Development Authority Vs. Association Studies and anr. reported in (2009) 6 SCC 171. The law in this regard is well settled.

4. In view of the above, this petition is not maintainable and is summarily dismissed. No costs.

Civil Application (CAW) No. 756/2021

5. In view of the dismissal of the Writ Petition, the Civil Application is disposed of accordingly.

                                         JUDGE                                    JUDGE




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