Valuable Edutainment Pvt. Ltd vs Municipal Corporation Of Greater ...
2022 Latest Caselaw 8991 Bom

                                ppn                                  1                  903.wpl-23311.22.doc



PRACHI
             Digitally signed
             by PRACHI
                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             ORDINARY ORIGINAL CIVIL JURISDICTION
             PRANESH
PRANESH      NANDIWADEKAR
NANDIWADEKAR
             Date: 2022.09.10
             11:16:49 +0530




                                                   WRIT PETITION (L) NO.23311 OF 2022

                                Valuable Edutainment Pvt. Ltd.                         .. Petitioner
                                      Versus
                                Municipal Corporation of Gr. Mumbai & Ors.             .. Respondents

                                            ---
                                Mr. Rafique Dada, Senior Advocate along with Mr. Anil Anturkar, Senior
                                Advocate and Mr. Karl Tamboly, Mr. Ameet Mehta, Mr. Nirav Marjadi,
                                Ms. Digisha Modh and Ms. Srushti Mehta i/by M/s. Solicis Lex for the
                                Petitioner.

                                Mr. Burhan Bukhari a/w Ms. Sheetal Metakari i/by Mr. Sunil Sonawane,
                                for the Respondent Nos.1 and 2 M.C.G.M.

                                Mr. Venkatesh Dhond, Senior Advocate along with Mr. Shadab Jan,
                                Komal Khushalani i/by M/s. Crawford Bayley and Co. for the
                                Respondent No.3.

                                             ---
                                                          CORAM : R.D. DHANUKA &
                                                                  KAMAL KHATA, JJ.

DATE : 8th September 2022 P.C.:-

. Matter was vehemently argued by both the parties. Writ petition was closed for orders on 26 th August 2022. Substantial part of the judgment is already ready. Matter was however mentioned by the learned counsel for the petitioner on 7th September 2022.

2. Learned counsel for the petitioner tendered a copy of the email dated 6th September 2022 informing the petitioner that on the basis of discretionary power of the Municipal Corporation, tender which is the subject matter of this petition is cancelled.

ppn 2 903.wpl-23311.22.doc

3. Matter was again placed on board today under the caption of 'Directions.'

4. Mr.Dhond, learned senior counsel for the respondent no.3 states that his client would challenge the said communication of the Municipal Corporation by filing a separate petition, if so advised. He vehemently urged that since this Court has already closed the matter for orders, the Court shall proceed with pronouncement of the judgment irrespective of the decision taken by the Municipal Corporation during the period when the matter was pending for pronouncement of the judgment.

5. Per contra, Mr.Dada, learned senior counsel for the petitioner states that since the Municipal Corporation had already taken decision for cancellation of tender, no purpose would be served for pronouncement of the judgment.

6. In our view, since the matter was already closed for order after hearing the parties at length, we will pronounce the judgment in the next week.

                KAMAL KHATA, J.                      R.D. DHANUKA, J.