LAWS(BOM)-2007-2-94

MEGA ENTERPRISES Vs. STATE OF MAHARASHTRA

Decided On February 06, 2007
MEGA ENTERPRISES Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Since all these petitions raise a common question, all these petitions are being decided by this common order. These petitions have been filed by the petitioners questioning the terms of the notice inviting tender, dated 22-1-2007 and in particular clause 3 and clause 6. In order to appreciate the submissions which are advanced by the learned Counsel appearing on behalf of the respective parties, it would be useful to reproduce clause Nos. 3 and 6 of the aforesaid tender notice.

(2.) At this juncture we may point out that a similar challenge had been raised earlier before us in Writ Petition No.177 of 2007 and by our order dated 15-1-2007 we had dismissed the aforesaid petition in limine. We are informed by Mr. B. L. Sagar Ki11arikar, learned Counsel appearing on behalf of the respondent Municipal Corporation that the Special Leave Petition filed by the unsuccessful petitioner in the said petition has been dismissed by the Supreme Court on 5th February, 2007.

(3.) The aforesaid conditions, namely, clause 3 and clause 6 are being challenged before us on the ground that the aforesaid conditions are arbitrary, discriminatory, mala fide and insertion of these conditions is actuated by bias. We have heard Mr. P. M. Shah, learned Senior Counsel appearing in Writ Petition No. 624 of 2007, Mr. R. N. Dhorde, learned Counsel appearing in Writ Petition No.607 of 2007 and Mr. Suryawanshi, learned Counsel appearing in writ Petition No. 623 of 2007. Writ Petition No. 607 of 2007 and Writ Petition No. 624 of 2007 have been filed by the unsuccessful tenderer whose tenders have not been accepted by the respondent Municipal Corporation. Writ Petition No. 623 of 2007 has been filed principally in public interest questioning the aforesaid conditions in the tender notice on the ground that by virtue of the said conditions in the tender notice, the respondent Municipal Corporation is being deprived of of the sizable amount of money.