M/S Ims Bhatia Transport ... vs The Union Of India Through Its ...
2021 Latest Caselaw 12582 Bom

                                            1                                982 wp.9794.21.odt


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                        BENCH AT AURANGABAD.
                         982 WRIT PETITION NO.9794 OF 2021

              M/S IMS BHATIA TRANSPORT CONTRACTOR,
             A PARTNERSHIP FIRM THROUGH ITS PARTNER
                              VERSUS
       THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS
                                      ...
Advocate for Petitioner : Mr. R. N. Dhorde, i/b Mr. Vikram R. Dhorde.
ASG for Respondents : Mr. A. G. Talhar.
                                    ...


                                     CORAM : S. V. GANGAPURWALA &
                                             R. N. LADDHA, JJ.

                                     DATE       :   03rd September, 2021.
P.C.:

.         Mr. R. N. Dhorde, learned senior counsel for the petitioner

submits that a partnership firm has no separate legal entity.                      The

partnership firm is manned by partners. The experience of partners is

required to be considered while considering the experience of a

partnership firm. The learned senior counsel relies on the judgment of

the Apex Court in the case of New Horizon Limited and Anr. Vs. Union

of India and Ors., reported in, (1995) 1 SCC 478 and the judgment of

the Division Bench of this Court in Writ Petition No.8503 of 2020 dated

19th March, 2021.

2 According to the learned senior counsel for the petitioner, the

partner of the petitioner firm has necessary experience. As such the

petitioner ought to be held eligible to participate in the tender process.

                                                2                               982 wp.9794.21.odt




      3         Mr. A. G. Talhar, learned ASG waives notice for all the

respondents and seeks time upto 14th September, 2021.

4 In the instant tender, all further process would be subject to the

decision of the present writ petition. The respondents may proceed

further with the tender process, however, shall not issue the work order

till the next date.

      5         Stand over to 14th September, 2021.




      [ R. N. LADDHA, J. ]                     [ S. V. GANGAPURWALA, J. ]
nga