Reliance Energy Limited & Another vs Maharashtra State Road Development ... on 11 September, 2007
8. The learned Addl. G.P. Mr. Yawalkar, learned Senior Advocate Mr.
Dhorde for the intervenor in Writ Petition No. 7279/2023, learned Senior
Advocate Mr. Sapkal who has filed application for intervention in Writ
Petition No. 7279/2023, learned advocate Mr. Jahagirdar who appears for
the respondent no. 5 in Writ Petition No. 10906/2023 and Mr. Kulkarni for
respondent no. 5 in Writ Petition No. 3681/2023 would strongly oppose the
petitions. They would submit that the petitioner in Mr. Hon's matter is
blowing hot and cold. It is a clear case of approbate and reprobate. Though
it is a society registered in Jalna district and has derived the benefit of the
self-same clause while getting extension for undertaking the work and has
been allotted the work in that district, is now putting up challenge to the
same clause in respect of a similar tender process being undertaken in the
other districts. They would submit that pursuant to the same clause which
is under challenge, without resorting to any fresh tender process, it has
secured the extension and has entered into a contract by agreeing to be
abided by all the terms and conditions inter alia even laid down in the
government resolution dated 06.03.2023. They would submit that the
petitioner has been taking a convenient stand to suit his purpose and cannot
be allowed to be heard as regards the stipulation under challenge.