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M/S Shree Omkar Construction Through ... vs The State Of Maharashtra Through Its ... on 19 January, 2026

2026:BHC-AUG:2278-DB

                                                                      WP 14073/23 & Anr.
                                                   1

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                                 118 WRIT PETITION NO. 14073 OF 2023

                M/S SHREE OMKAR CONSTRUCTION THROUGH ITS AUTHORIZED
                                          SIGNATORY
                                            VERSUS
               THE STATE OF MAHARASHTRA THROUGH ITS CHIEF ENGINEER AND
                                            OTHERS
                                                ...
                           Advocate for the Petitioner : Mr. D.S. Bagul
                           AGP for Respondents 1 to 3 : Mr. A.R. Kale
                                                ...
                            119 WRIT PETITION NO. 14074 OF 2023

                M/S SHREE OMKAR CONSTRUCTION THROUGH ITS AUTHORIZED
                                          SIGNATORY
                                            VERSUS
               THE STATE OF MAHARASHTRA THROUGH ITS CHIEF ENGINEER AND
                                            OTHERS
                                                ...
                           Advocate for the Petitioner : Mr. D.S. Bagul
                           AGP for Respondents 1 to 3 : Mr. A.R. Kale
                                                ...

                                    CORAM      : ARUN R. PEDNEKER AND
                                                 VAISHALI PATIL-JADHAV, JJ.

                                    Dated      : January 19, 2026

              PER COURT :-

1. By the present writ petitions, the petitioners are challenging the decision of respondent Nos. 2 and 3, rejecting technical bid of the petitioners. This Court had issued notice and has granted stay to the further process.

2. The State has filed affidavit in reply and particularly at para Nos. 4 and 5, it is pointed out that the petitioner failed to comply with WP 14073/23 & Anr.

mandatory eligibility conditions, the experience certificates uploaded were not in prescribed form, nor countersigned by the Executive Engineer concerned as required by clause 4.5(A) of the tender. It is also pointed out that the petitioner did not furnish audited balance sheets for the preceding three financial years certified by a Chartered Accountant and the petitioner failed to fill the mandatory table regarding ongoing commitments under clause 4.5(B).

3. Considering the affidavit in reply filed by the State and considering the judgment of this Court in Writ Petition No. 2601/2025 and other connected matters dated 4.10.2025, challenging the different notices issued by the same respondent i.e. the present respondent, this court refused the continuation of ad-interim protection to the petitioners in those writ petitions and dismissed the petitions.

4. In view of the above, the present writ petitions are also dismissed. ( VAISHALI PATIL-JADHAV, J. ) ( ARUN R. PEDNEKER, J. ) ssc/