Municipal Council Thanesar vs Brahma Nand Cooperative L And C Society ... on 28 January, 2020

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Punjab-Haryana High Court

Municipal Council Thanesar vs Brahma Nand Cooperative L And C Society ... on 28 January, 2020

Bench: Rajiv Narain Raina

CR No. 458 of 2020                                                       1

     IN THE HIGH COURT OF PUNJAB AND HARYANA
                   AT CHANDIGARH

                                     CR No. 458 of 2020
                                     Date of Decision: 28.1.2020

MUNICIPAL COUNCIL THANESAR
                                                         ...Petitioner
                    Vs.
BRAHMA NAND COOP. L & C SOCIETY LTD MIRZAPUR & ANR
                                     ...Respondents

CORAM:- HON'BLE MR.JUSTICE RAJIV NARAIN RAINA

Present:   Mr. Kuldeep Tiwari, Advocate
           for the petitioner.

           Mr. Chandershekhar, Advocate
           for the respondents.

RAJIV NARAIN RAINA, J. (Oral)

1. On 22.1.2020 this Court passed the following order:

"Inter alia argues that two the plaintiffs- societies were not applicants for the sanitation bid in Thanesar and, therefore, had no locus standi to challenge the bidding process. Mr. Tiwari further contends that the contract could be awarded only to such societies whose members belong to the Scheduled Castes and no society with exclusive membership among the Scheduled Castes made an online bid and, therefore, the Courts below have erred in injuncting temporarily and staying the opening of the bid which had been fixed for 22.11.2019.

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Process dasti only.

To be taken up in the urgent list to attempt final disposal.

Meanwhile, the Municipal Council, Thanesar is permitted to open the technical bid and keep the remaining process dependant on the outcome of this petition.

In addition to usual mode, service of respondents/plaintiffs before trial Court through their counsel is allowed by Order 3 Rule 3(1) of the Punjab and Haryana High Court Rules and Orders ."

2. Mr. Chandershekhar, Advocate appears on behalf of the respondent and has filed his Vakalatnama. The same is taken on record.

3. Learned counsel for the petitioner states that as per the previous order, claim is over with the opening of technical bid. None of the applicants have qualified which renders the process infructuous and has to be re-initiated.

4. With this input, on which the parties are ad idem, the petition is dismissed as infructuous.




                                                           (RAJIV NARAIN RAINA)
28.1.2020                                                         JUDGE
kv
Whether speaking/reasoned   :     Yes/No
Whether reportable          :     Yes/No




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