I. G. ELECTRICALS THRO PROP. IQBAL SOHARATALI ANSARI Vs. R.K. UPADHYAY, C. JAIRMAN AND MANAGING DIRECTOR & 6.

JUDGEMENT

(1.) APPLICANT -original petitioner seeks recall/review of our order dated 27.04.2012 passed in Contempt Petition No. 550 of 2012. This prayer is pressed on the ground that contempt petition came to disposed on the basis of certain statements made by the respondents which are not entirely accurate. Counsel for the petitioner drew our attention to paras 8 and 9 of our order to contend that on the basis of certain representations made by the respondents, the contempt proceeding was closed. It was pointed out to the Court that instead of proceeding ahead with finalization of the tender which was the subject matter of the original petition and the judgment by the Division Bench dated 25.11.2011, the respondents decided not to invite any tenders and to proceed on the basis of attending to the complaints on call to call basis. Counsel for the petitioner submitted that even when such statement was made and the contempt petition was disposed of, the respondents had invited several tenders for the same nature of work and thereby misled the Court into disposing the contempt petition. On the other hand, learned counsel, Ms. Davawala submitted that the tenders referred to by the petitioner and copies of which are produced at Annexure C collectively, do not pertain to same nature of work, as was involved in the original petition.

(2.) HAVING heard learned counsel for the parties and having perused the documents on record, we notice that previously when the writ petition was disposed of by judgment dated 25.11.2011, Division Bench had provided that the petitioner shall be eligible to participate in future tenders and the respondents are free to advertise such tenders. In case, the respondents decided to re -tender any tender, then it shall be open for them to do so in which the petitioner also would be permitted to participate if he satisfies the eligibility criteria.