MANAGING DIRECTOR Vs. GIRIJARAMANA IMPEX PRIVATE LTD

JUDGEMENT

(1.) This intra Court appeal is directed against the impugned order dtd. 19/7/2023 passed in Writ Petition No. 103000/2022 (GM-RES), whereby the said petition was disposed off by the learned Single Judge.

(2.) Heard learned senior counsel Sri Pramod Khatavi for appellants and learned senior counsel Sri Kiran Javali for caveator/respondent No.1 as well as learned HCGP for respondent Nos.2 and 3.

(3.) The material on record discloses that pursuant to the tender floated by the 2nd respondent-State, the 1st respondent/writ petitioner, who was a successful bidder was allotted the tender vide letter dtd. 27/11/2021 by imposing certain conditions. Subsequently on 13/5/2022, the writ petitioner wrote a letter to the 3rd respondent-The Commissioner, Sugar Cane Development and Director of Sugar expressing his willingness and after deliberations between the parties, the 2nd respondent-State passed an order dtd. 22/6/2022 canceling the tender notification dtd. 8/9/2021 as well as allotment of the same in favour of the 1st respondent-writ petitioner. Under the aforesaid order dtd. 22/6/2022, the 2nd respondent- State not only cancelled the tender in favour of the 1st respondent-writ petitioner, but also forfeited the EMD amount of Rs.1,00,00,000.00 deposited by the writ petitioner and blacklisted the 1st respondent-writ petitioner company. Aggrieved by the said order dtd. 22/6/2022, the 1st respondent-writ petitioner approached this Court in Writ Petition No.103000/2022 (RM-RES), in which the 1st appellant was arrayed as respondent No.3 and the Special Officer appointed for the 1st appellant-Society is now arrayed as appellant No.2 pursuant to order dtd. 3/8/2023 passed in this appeal.