N.S.HEGDE, S.B.SINHA
Nandkishore Ganesh Joshi – Appellant
Versus
Commissioner, Municipal Corporation Of Kalyan And Dombivali – Respondent
JUDGMENT
S.B. Sinha, J.-Leave granted.
INTRODUCTION :
2. The Appellant herein, Chairman of the Standing Committee of the Second Respondent-Municipal Corporation of City of Kalyan and Dombivali (hereinafter referred to as the Corporation ) had filed a writ petition before the Bombay High Court praying for issuance of a writ of or in the nature of mandamus directing the respondents to ensure that whenever a proposal for grant of approval of the contract in terms of Section 73 of the Mumbai Provincial Municipal Corporation Act, 1949 (hereinafter referred to as the Act ) is placed before the Standing Committee, the same should contain the tender forms and other documents submitted by the contractor as well as other documents, if any, containing the records of negotiations made by the Commissioner of the Corporation after the tenders are opened or placed before it. The said writ petition was dismissed by the High Court on an interpretation of clause (c) of Section 73 of the Act as also the locus of the Appellant.
THE ACT VIS-A-VIS THE PARTIES :
3. The Respondent-Corporation has been constituted under the provisions of the said Act. The First Respondent herein is the Commissioner of the sai
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