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Bombay High Court

K And J Projects Pvt. Ltd. Thr. ... vs Maharashtra Airport Development Comp. ... on 30 August, 2021

Author: Anil S.Kilor

Bench: S.B. Shukre, Anil S. Kilor

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                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             NAGPUR BENCH, NAGPUR.

                        CIVIL WRIT PETITION NO. 3232 OF                                     2021

                                     K & J Projects Private Limited
                                                  -Vs-
                          Maharashtra Airport Development Company and anr.

-----------------------------------------------------------------------------------------------------------------------------
Office notes, Office Memoranda of
Coram, appearances, Court's orders                                   Court's or Judge's Orders.
or directions and Registrar's orders.
-----------------------------------------------------------------------------------------------------------------------------
                                       Mr. Ranjeet D. Bhuibhar, counsel for the petitioner.
                                       Mr. S.Y.Deopujari, counsel for respondents.


                                               CORAM : SUNIL B.SHUKRE &
                                                       ANIL S.KILOR, JJ.
                                                DATE             : 30.08.2021.


                                  1.            Heard.

2. The grievance of the petitioner is that the impugned orders dated 14.07.2021 and 16.07.2021 imposing penalty upon the petitioner and also debarring the petitioner from taking part in future tenders is bad in law as they have been passed without giving any opportunity of personal hearing to the petitioner and whereas, the earlier orders of penalty and debarring passed against the petitioner on the basis of the show cause notice dated 25.06.2019 were passed by the other authority after personal hearing of the petitioner.

3. Issue notice for final disposal at admission stage to the respondents, returnable after four weeks.

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4. Learned counsel Shri. S.Y. Deopujari, waives service of notice for respondents.

5. Learned counsel for the respondents seeks time of four weeks in the matter.

6. Learned counsel for the petitioner prays for grant of interim relief which is opposed by the learned counsel for the respondents.

7. Having regard to the grounds raised before us, by way of interim relief, we direct that there shall be interim stay to the effect and operation of the impugned orders dated 14.07.21 and 16.07.2021, till next date and this is also subject to the condition that if the petitioner takes part in any tender processes, his such participation shall be subject to the final result of this petition, which shall be made known by the petitioner while filing his tender application.

(ANIL S. KILOR,J) (SUNIL B. SHUKRE,J) Kavita ::: Uploaded on - 30/08/2021 ::: Downloaded on - 31/08/2021 05:43:12 :::