Bombay High Court
R And B Infra Project Ltd. And Anr vs Mira Bhainder Municipal Corporation ... on 21 December, 2022
Author: S.V.Gangapurwala
Bench: S.V.Gangapurwala
909 wp15766-22.docx
Digitally
signed by
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TRUSHA
TRUSHA TUSHAR
TUSHAR MOHITE
MOHITE Date:
CIVIL APPELLATE JURISDICTION
2022.12.22
11:03:10
+0530
WRIT PETITION NO. 15766 OF 2022
R & B Infra Project Ltd. And Anr. ..... Petitioners
Vs.
Mira Bhainder Municipal Corporation
& Ors. ..... Respondents
Mr.Sharan Jagtiani, Sr.Advocate, Mr.Karl Tamboly, Mr.Priyank
Kapadia, Ms.Shruti Katakey, Mr. Jay Zaveri, Ms.Rhea Parkash,
Ms.Anjali Sharma i/b M/s.Crawford Bailey and Co. for the
Petitioners
Mr.Ashutosh Kumbhakoni, Sr.Advocate i/b Mr.Akshay Shinde for
Respondent no.4
Mr.Sanjeev Gorwadkar, Sr.Advocate a/w Mr.Kirit Hakani a/w
Mr.Rahul Hakani a/w Ms.Niyati Mankad for Respondent no.5
Mr.Y.S.Jahagirdar, Sr.Advocate i/b Mr.Mayuresh Lagu for
Respondent nos.1 to 3
CORAM: S.V.GANGAPURWALA, ACJ &
S.G.CHAPALGAONKAR, J.
DATED : DECEMBER 21, 2022
P.C.
1 Mr.Jagtiani, the learned Senior Advocate for the Petitioners
has placed on record the draft amendment. Under the draft
amendment, the Petitioners seek to add successful bidders as a party and also amend the prayer clauses.
2 Considering that the notices are also not issued in the matter, Mohite 1/3 909 wp15766-22.docx Petitioners are permitted to amend the Petition in tune with the draft amendment.
3 Mr.Jagtiani, the learned Senior Advocate submits that the Respondent tenderer is not qualified in terms of the past experience. The Respondent tenderer does not possess necessary past experience as contemplated under clause 3b of the tender document. 4 According to the learned Senior Advocate, the successful bidders are relying on the ongoing work of the similar nature but it has not shown that he has executed / completed / ongoing similar services costing 80% of the estimated costs in one project. 5 The learned Senior Advocate for the Respondent Corporation submits that the clarification was sought for. Clarification is given and Committee has found the successful bidders as qualified. 6 Mr.Kumbhakoni the learned Senior counsel for successful bidders submits that successful bidders have complied with all the conditions.
7 The learned Senior Advocate for the Respondent seeks time to file affidavit.
8 At the request of Mr.Jahagirdar the learned Senior Advocate Mohite 2/3 909 wp15766-22.docx for Respondent nos.1 to 3, stand over to 18.01.2023. 9 Any further steps undertaken would be subject to decision of the Writ Petition.
(S.G.CHAPALGAONKAR, J.) (ACTING CHIEF JUSTICE) Mohite 3/3