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2012 Supreme(Bom) 2111

U.V.BAKRE, S.J.VAZIFDAR
Pundalik Tukaram Chowgule – Appellant
Versus
Union of India – Respondent


Advocates appeared:
For the Petitioner:S.D. Padiyar, with Mr. P. Arolkar, Advocates.
For the Respondents:R1, C.A. Ferreira, Assistant Solicitor General, R2 & R3, A.D. Bhobe, R4, Parag Rao, Advocates.

Judgment :-

S.J. Vazifdar, J.

1. Respondents no. 2 and 3 are the Hindustan Petroleum Corporation Limited (hereinafter referred to as 'HPCL') and its Senior Regional Manager. Respondent no.4 is one Smt. Rajashri Vijay Sawardekar who has been held to be the successful tenderer.

The petitioner seeks a writ of certiorari to quash and set aside a merit list and the selection process for a Retail Outlet Dealership and a letter of intent dated 19/08/2011 issued by respondent no.2 for the proposed Retail Outlet Dealership in favour of respondent no.4. The petitioner has also sought a writ of mandamus directing respondent no.2 to undertake the process of selection for the said dealership afresh from amongst the eligible candidates. The petitioner has sought the reassessment/revaluation of the marks allocated to him under the criteria 'Liquid cash in the form of bank Fixed Deposit etc.' under the heading 'capability to arrange the finance'.

2. There is absolutely no doubt that justice and equity are in favour of the petitioner who was admittedly eligible to bid for the dealership. More important, the grant of reliefs in the petitioner's favour is clearly in the interest of HPCL and thereby in























































































































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