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2022 Supreme(Bom) 336

S.J.KATHAWALLA, MILIND N.JADHAV
Maha Active Engineers India Pvt. Ltd. – Appellant
Versus
Maharashtra State Electricity Transmission Co. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Sharan Jagtiani, Senior Advocate alongwith Mr. Hiren Kamod, Mr. Raj Panchmatia, Mr. Peshwan Jehangir, Ms. Jyoti Sinha, Mr. Anindya Basarkod, Mr. Ayush Jain and Mr. Siddharth Joshi instructed by Khaitan & Co.
For the Respondent:Mr. A.Y. Sakhare, Senior Advocate instructed by Mr. Abhijeet Joshi

JUDGMENT :

S.J.Kathawalla, Milind N. Jadhav, JJ.

1. Rule. Rule was made returnable forthwith. By consent of parties the above Writ Petition was taken up for final hearing at the stage of admission after completion of pleadings.

DESCRIPTION OF THE PARTIES

2. The Petitioner is a company registered under the Companies Act, 1956. The Petitioner is an engineering, procurement and construction (EPC) contractor. It is engaged in designing, engineering, supplying, constructing, testing and commissioning of medium voltage (MV) and extra high voltage (EHV) power transmission and distribution infrastructure.

2.1 Respondent No.1 is a wholly owned corporate entity of the Maharashtra Government. Respondent No.1 owns and operates the electric power transmission system in the State of Maharashtra. It floats tenders for construction and erection of sub-stations and transmission lines that are awarded to private parties, which, upon completion, are assets owned by Respondent No.1.

2.2 Respondent Nos.2 to 4 are officers of Respondent No.1. Respondent No.2 is the Chief Engineer (Contracts and Monitoring), who is assigned the duty of floating tenders, awarding contracts and monitoring progress of the contrac

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