Bombay High Court
M/S Raut Enterprises vs Bhabha Atomic Research Centre And Anr on 7 January, 2022
Author: Milind N. Jadhav
Bench: S.J. Kathawalla, Milind N. Jadhav
Kanchan P Dhuri 1 / 3 6-WP-6373-2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 6373 OF 2021
M/s. Raut Enterprises ... Petitioner
Versus
Bhabha Atomic Research Centre and another ... Respondents
.........
Mr. R.D. Suryawanshi for the Petitioner.
Mr. Y.R. Mishra alongwith Mr. D.P. Singh instructed by Mr. A.A. Ansari for
Respondent No.1.
Mr. Prabhakar Jadhav for Respondent No.2.
Mr. Arsh Mishra instructed by M.V. Kini & Co. for Respondent No.3.
Mr. Anil Singh, ASG alongwith Mr. Anush Amin for Respondent No.4.
Mr. V.R. Dhond, Senior Advocate, Amicus Curiae, present.
.........
CORAM : S.J. KATHAWALLA AND
MILIND N. JADHAV, JJ.
DATED : JANUARY 7, 2022
(Through video-conferencing)
P.C. :-
1. By the above Writ Petition, the Petitioner interalia seeks the following reliefs :
"(a) rule be issued, record and proceedings be called for from the Respondent No.1 in respect of tender No.NIT No.:-BARC(T)/NRB/GSO/ C&M/CMT-111/2021/20(04) dated
2.7.2020 and tender notice bearing No.NIT No.:-BARC(T)/NRB/GSO/C&M/CMT-140/2021/02 dated 3.2.2021;
(b) this Hon'ble Court be pleased to issue a writ of certiorari or any other appropriate writ, order or directions in that nature and after perusing the legality, validity and propriety, quash and set aside the decision of the Kanchan P Dhuri 2 / 3 6-WP-6373-2021.odt Respondent No.1 declaring the Respondent No.2 as a successful bidder in respect of tender No.NIT No.:-BARC(T)/NRB/GSO/C&M/CMT111/ 2021/20(04) dated 2.7.2020 and consequent work order dated 5.3.2021;
(c) this Hon'ble Court be pleased to issue a writ of certiorari or any other appropriate writ, order or direction in that nature and after perusing the legality, validity and propriety, quash and set aside the decision of the Respondent No.1 thereby declaring the Respondent No.2 as a successful bidder in respect of tender notice bearing No. NIT No.:-BARC(T)/NRB/GSO/C&M/ CMT-140/2021/02 dated 3.2.2021;
(d) this Hon'ble Court be pleased to issue a writ of mandamus or any other appropriate writ, order or directions in that nature, directing the Respondent No.1 to strictly implement the order dated 9.7.2020 (Exhibit A hereto) issued by the Respondent No.1 and thereby debar the Respondent No.2 in participating in any of the tender work in future;"
2. The allegations in the above Writ Petition being serious, we have heard the learned Advocates appearing for the parties from time to time and have also perused the relevant records. We have also interacted with the Director, R&D, Department of Atomic Energy (DAE), Government of Maharashtra and Shri Vyas, Chairman, Bhabha Atomic Research Centre (BARC) on 26 th November, 2021 through Video Conferencing.
3. On 10th December, 2021, we appointed Senior Advocate Shri Venkatesh Dhond as Amicus Curie and by consent of the matter was agreed to be treated as part heard.
4. Thereafter, there is some change in the assignment. Whilst adjourning the matter to 11th January, 2022, we direct the Registry to obtain necessary approval from Kanchan P Dhuri 3 / 3 6-WP-6373-2021.odt the Hon'ble Chief Justice in this regard. ( MILIND N. JADHAV, J. ) ( S.J. KATHAWALLA, J. ) Digitally signed by KANCHAN KANCHAN PRASHANT PRASHANT DHURI DHURI Date:
2022.01.08 19:45:55 +0530