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2019 Supreme(Bom) 2251

S.V.GANGAPURWALA, ANIL S.KILOR
Yogiraj Powertech Pvt. Ltd. , Through Its Director, Prasanna Vinayak Date, Navi Mumbai – Appellant
Versus
State Of Maharashtra, Through Its Secretary, Industries, Energy And Labour Department, Mantralaya, Mumbai – Respondent


Advocates Appeared:
S.G. Chapalgaonkar, Advocate, A.B. Chate, Advocate, S.S. Dande, Advocate

JUDGMENT

Anil S. Kilor, J. - Rule. Rule made returnable forthwith. By consent of the parties, the petition is taken up for final disposal.

2. The petitioner who had participated in a tender process relating to work of providing, installing, commissioning and testing of pumping machinery for Chikalthana feeder at Water Treatment Plant (WTP), Waluj, Aurangabad, was declared disqualified, the said disqualification is under challenge in the present petition.

3. Brief facts leading to the present petition are, that the MIDC has developed Industrial areas around Aurangabad city and to provide water supply to these Industrial areas, the MIDC has commissioned one 72 MLD Centralised water supply scheme at Waluj MIDC. The scheme has Raw water works/ jack well located at Brahmagavan and WTP at Waluj MIDC. From pump house at WTP Waluj, pure water is pumped to various Industrial areas through various feeders.

4. The MIDC has provided 3x350 HP pumps for pumping pure water to Aurangabad, Chikalthana and Shendra Industrial areas. Due to the increased water demand, on the said feeder, the MIDC has proposed replacement of old machinery with new pumping machinery.

5. In order to execute the work, tend

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