Gujarat High Court
M/S. Mskel-Fdi Jv vs Gujarat State Police Housing ... on 16 April, 2025
NEUTRAL CITATION
C/SCA/7128/2023 ORDER DATED: 16/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 7128 of 2023
With
CIVIL APPLICATION (FOR VACATING INTERIM RELIEF) NO. 1 of 2023
In R/SPECIAL CIVIL APPLICATION NO. 7128 of 2023
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M/S. MSKEL-FDI JV & ANR.
Versus
GUJARAT STATE POLICE HOUSING CORPORATION LTD.
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Appearance:
MS PRACHITI V SHAH(9990) for the Petitioner(s) No. 1,2
PRITHU PARIMAL(9025) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 16/04/2025
ORAL ORDER
1. The learned counsel for the respondent has filed the further affidavit dated 04.04.2025. The sole respondent, in paragraphs 11 and 12 of its affidavit, has averred as under :-
"11. That, in light of the continuing inconvenience to personnel of the State Police and in order to expedite the project without further litigation-induced paralysis, the Respondent Corporation, while firmly reiterating that no prior approval was ever granted for procurement from M/s Daiki Axis India Pvt. Ltd., has now, in a purely pragmatic and public- interest driven decision, agreed to permit the petitioner to proceed with use of the said equipment i. e. STP of brand Daiki
- Axis strictly at the originally contracted rate.
12. That, this decision is made solely with a view to facilitate early completion of the project and must not be construed as a concession, admission of delay, waiver of Page 1 of 2 Uploaded by CHANDRASHEKHAR MEHESHKUMAR KOSHTI(HC01066) on Thu Apr 17 2025 Downloaded on : Thu Apr 17 22:45:50 IST 2025 NEUTRAL CITATION C/SCA/7128/2023 ORDER DATED: 16/04/2025 undefined contractual obligation, or as a precedent for any other contract. The Corporation specifically reserves all its rights and contentions under the tender and the contract."
2. In view of the above averments, the learned counsel for the petitioners submits that the prayers prayed for in the Special Civil Application are rendered infructous.
3. The Special Civil Application is disposed of accordingly. The connected Civil Application does not survive and the same is also disposed of. Interim relief granted earlier is hereby vacated.
4. All the rights and contentions of both the parties are kept open.
(ANIRUDDHA P. MAYEE, J.) cmk Page 2 of 2 Uploaded by CHANDRASHEKHAR MEHESHKUMAR KOSHTI(HC01066) on Thu Apr 17 2025 Downloaded on : Thu Apr 17 22:45:50 IST 2025