Delhi High Court - Orders
M/S Cuisines Caterers And Hospitality ... vs The State Of Maharashtra & Ors on 3 September, 2021
Author: Rekha Palli
Bench: Rekha Palli
$~32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 9583/2021 & CM APPL. 29655/2021 (stay)
M/S CUISINES CATERERS AND HOSPITALITY SERVICES
..... Petitioner
Through Mr. Nishant Katneshwarkar, Mr.
Rakesh Kumar Sharma and Mr. Nishant Sharma,
Advs.
versus
THE STATE OF MAHARASHTRA & ORS. ..... Respondents
Through Mr.Patil, Adv. for R-1 to 3.
Mr. Ashutosh Dubey, Mr. Abhishek Chauhan and
Mr. Amit P. Sahi, Ads. For R-4.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 03.09.2021
1. Vide the present petition, the petitioner seeks quashing of order dated 27.08.2021, vide which the contract for running the canteen at Maharashtra Sadan, Copernicus Marg, New Delhi had been issued in favour of respondent no. 4, which has been directed to take possession of the canteen on 09.09.2021.
2. At the very outset, learned counsel for the respondent nos. 1 to 3, who appears on advance notice, submits that the writ petition is not maintainable as the petitioner concern had not participated in the tender process and therefore, has no locus standi to either approach this Court or assail the Signature Not Verified Signed By:GARIMA MADAN Location: Signing Date:04.09.2021 14:50:21 decision of R1 awarding the contract to R4.
3. When confronted with this situation, learned counsel for the petitioner seeks to contend that the petitioner is the sister concern/Food Division of M/s. Shrinivas Hospitality and Management Services Pvt. Ltd. which had unsuccessfully participated in the tender process. However, a perusal of the writ petition shows that the petitioner has neither disclosed this fact that it had not participated in the tender process, nor has filed any authorisation from M/s Shrinivas Hospitality and Management Services Pvt. In fact it appears that the petitioner has tried to create an impression that it had participated in the tender process which is admittedly not correct. More so, learned counsel for the petitioner has no explanation as to why M/s. Shrinivas Hospitality and Management Services Pvt. Ltd which had actually participated in the tender process.
4. In these circumstances, I see absolutely no reason to interfere with the impugned order or permit the petitioner to assail the impugned order and is accordingly dismissed.
REKHA PALLI, J SEPTEMBER 3, 2021 acm Signature Not Verified Signed By:GARIMA MADAN Location: Signing Date:04.09.2021 14:50:21