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2016 Supreme(SC) 202

T. S. THAKUR, R. BANUMATHI
Nashik Municipal Corporation – Appellant
Versus
R. M. Bhandari – Respondent


JUDGMENT :

R. Banumathi, J.

Leave granted.

2. The present appeal impugns the order of High Court of Judicature at Bombay dismissing Civil Application No.2305 of 2010 in Writ Petition No.1077 of 2010, filed by the appellant declining to extend the time in depositing the cost of Rs.25,000/- in terms of the order dated 03.05.2010 passed by the High Court in the said Writ Petition No.1077 of 2010.

3. There has been a chequered history of litigation between the parties for about two decades leading to filing of the present appeal. The appellant being a municipal corporation had invited public tender for construction and concreting of the area from Gadage Maharaj Bridge to Rokadoba Sandwa, to which the respondents emerged as successful bidders. The respondents were to commence the work on 23.01.1990 and the same was to be completed on or before 22.10.1990. However, the respondents did not show any progress in the work and consequently the appellant-corporation withdrew the work from the respondents and allotted the same to M/s. N.H. Company Pvt. Ltd. for the purpose of getting the work completed, for which the appellant suffered an excess amount of Rs.29,76,740/-.

4. The appellant-corporation



















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