Bombay High Court
Louis Berger Sas vs Maharashtra State Road Development ... on 25 April, 2022
Author: Madhav J. Jamdar
Bench: Revati Mohite Dere, Madhav J. Jamdar
Sonali 504-oswpl-13281-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
Digitally
signed by
SONALI
SONALI MILIND
PATIL
WRIT PETITION (L) NO. 13281 OF 2022
MILIND
PATIL Date:
2022.04.27
09:46:47
+0530 Louis Berger SAS ...Petitioner
Versus
Maharashtra State Road Development Corporation
Limited ...Respondent
WITH
INTERIM APPLICATION (L) NO. 13371 OF 2022
IN
WRIT PETITION (L) NO. 13281 OF 2022
Louis Berger SAS ...Applicant
Versus
Maharashtra State Road Development Corporation
Limited ...Respondent
Dr. Birendra Saraf, Senior Advocate a/w Ms. B. Ramakrishnan, i/b Akash
Menon, for the Petitioner.
Mr. Pankaj Sawant, Senior Advocate a/w Muthahar Khan & Kenneth
Agastin, i/b Bulwork Solicitors, for the Respondent-MSRDC.
CORAM : REVATI MOHITE DERE &
MADHAV J. JAMDAR, JJ.
DATED : 25th APRIL 2022 P.C. :
1. Not on board. Taken on board.
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Sonali 504-oswpl-13281-2022.doc
2. Heard learned senior counsel for the petitioner.
3. The grievance of the petitioner in the aforesaid petition is, that, the respondent has issued fresh tenders in January-2022, with respect to the same scope of work, as awarded to the petitioner in 2017.
4. Learned senior counsel for the petitioner submits that even after the fresh tender was issued, the respondent-authority continued its correspondence with the petitioner, post the same. Learned counsel in support of his submission relied on the correspondence which is from page 39 onwards. He submits that the respondent-authority could not have issued fresh tender with respect of the same scope of work, awarded to the petitioner, without terminating the petitioner's contract.
5. Learned counsel for the respondent states that he has been served with a copy of the petition only at 1.00 p.m. today. He seeks time to file affidavit-in-reply and to take instructions. The said affidavit-in-reply to be filed in the Registry of this Court on or before 2 nd May 2022 with an advance copy to the learned counsel for the petitioner. 2/3
Sonali 504-oswpl-13281-2022.doc
6. Stand over to 4th May 2022 at 2.30 p.m.
7. In the meantime, till the next date, the respondent shall not issue any work order, with respect to the subject tender.
8. All concerned to act on an authenticated copy of this order.
MADHAV J. JAMDAR, J. REVATI MOHITE DERE, J.
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