Bombay High Court
M/S Shobhana Transport Company vs M/S. Aai Tulja Bhavani Transport on 14 October, 2022
Bench: R.D. Dhanuka, Kamal Khata
902.WP6199.2021.doc
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 6199 OF 2021
M/s. Aai Tulja Bhavani Transport. ...Petitioners.
V/s.
State of Maharashtra & anr. ...Respondents.
WITH
INTERIM APPLICATION NO. 3403 OF 2021
WITH
INTERIM APPLICATION NO. 41 OF 2022
IN
WRIT PETITION NO. 6199 OF 2021
Gade Transport Ahmednagar. ...Applicant.
V/s.
Aai Tulja Bhavani Transport. & ors. ...Respondents.
WITH
INTERIM APPLICATION NO. 3402 OF 2021
IN
WRIT PETITION NO. 6199 OF 2021
Creative Grains and Transportation
Services Pvt.Ltd.. ...Applicant.
V/s.
M/s. Aai Tulja Bhavani Transport. ...Respondents.
WITH
INTERIM APPLICATION NO. 2883 OF 2021
IN
WRIT PETITION NO. 6199 OF 2021
M/s. Shobhana Transport Company. ...Applicant.
V/s.
M/s. Aai Tulja Bhavani Transport. ...Respondents.
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902.WP6199.2021.doc
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Mr. Ravi Kadam, Sr. Counsel a/w. Mr. Rohan Kadam i/b. Mr.
Siddharth Karpe and Mr. V.V. Mohite, for Petitioners.
Mr. Pravin Samdhani, Sr. Advocate a/w. Nakul Jain, Nivit Srivastava,
Sneha Patil and Nidhi i/b. Maniar Srivastava Associates, for applicants
in IA 3403/2021.
Mr. Amogh Singh a/w. Nivit Srivastava, Sneha Patil and Nidhi i/b.
Maniar Srivastava Associates for applicants in IA 3402/2021.
Ms. Ayodhya Patki i/b. Mr. V.D. Sonawane, for the applicant in IA
2883/2021.
Mr. A.A. Kumbhakoni, Advocate General a/w. Mr. P.P. Kakade, GP
a/w. Mr. Akshay Shinde- 'B' Panel, Mr. A.I. Patel, Addl. G.P. and Mr.
A.A. Alaspurkar, AGP for State.
CORAM : R.D. DHANUKA &
KAMAL KHATA, JJ.
DATED : 14TH OCTOBER, 2022
P.C. :
1. Matter is placed on board for withdrawal of the Writ Petition
No. 6199 of 2021, on the praecipe filed by the Petitioners. We have
heard the parties present before this Court.
2 The Petitioners in this Petition seek liberty to withdraw this Writ
Petition No. 6199 of 2021 with liberty to pursue representation made
by the Petitioners before the State Government for action of
withdrawal of disqualification taken against the Petitioners. The
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902.WP6199.2021.doc
Petitioners have obtained ad-interim order in this Petition. There are
other bidders who are likely to be affected, if the Petitioners in this
Petition are allowed to withdraw this Petition. There is strong
opposition from the other parties to grant any liberty to withdraw this
Petition, except State Government.
3. The learned Advocate General on instructions states that the
State Government has no objection to consider the representation made
by the Petitioners in the Writ Petition No. 6199 of 2021. Mr. Kadam,
learned Senior Counsel for the Petitioners submits that the ad-interim
order granted by this Court be in operation till representation is
decided by the State Government. In view of the strong objections
raised by the Intervenors in the Interim Applications in this Writ
Petition and other Petitioners who may be affected, if any order is
passed by this Court allowing the Petitioners in this case to withdraw
the Petition to pursue representation, we are not inclined to grant the
request of the Petitioners to withdraw this Petition with liberty to
pursue representation.
4. Place this matter on board "for admission" on 18/11/2022 to be
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902.WP6199.2021.doc
heard finally at the admission stage, alongwith, companion matters
which are not board today i.e. Writ Petition Nos. 6812 of 2021, 3915 of
2021, 9785 of 2021 and 6518 of 2021.
5. Ad-interim relief granted by this Court, if any, to continue in this
Petition as well as in the companion matters which are not on board
today, i.e. Writ Petition Nos. 6812 of 2021, 3915 of 2021, 9785 of 2021
and 6518 of 2021, till 22/11/2022.
6. The parties are at liberty to file written propositions of law
alongwith copies of Judgments which they propose to rely upon, with
an advance copy of the same to be served on the other side.
(KAMAL KHATA, J.) (R.D. DHANUKA ,J)
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