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2023 Supreme(Bom) 284

S. V. GANGAPURWALA, SANDEEP V. MARNE
Aditya Enterprises – Appellant
Versus
City Industrial and Development Corporation of Maharashtra Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Rohan Cama a/w. Mr. Aditya Udeshi, a/w. Mr. Rahul Sanghvi, a/w. Mr. Samarth Jaidev i/b. Sanjay Udeshi & Co.
For the Respondent:Mr. G. S. Hegde, Sr. Advocate, i/b. Ms. P. M. Bhansali

JUDGMENT :

Sandeep V. Marne, J.

1. Rule. Rule made returnable forthwith. With the consent of the parties, petitions are taken up for final hearing.

2. Petitioners in these petitions are aggrieved by decision of City and Industrial Development Corporation of Maharashtra Limited (CIDCO) in canceling tender process in which they were declared as highest bidders for purchase of respective plots. Petitioners accordingly seek directions against CIDCO to accept their bids and issue allotment letters in respect of plots for which they had bid.

3. CIDCO floated tender on 3rd May 2022 for lease of 23 Residential, Commercial and Residential-cum-Commercial plots at Ghansoli, Sangpada, Kalamboli and New Panvel (W) in Navi Mumbai and issued etender cum e-auction notice. Petitioner in WP 145601/2022 submitted bid for plot Nos. 37 and 38 in Sector 17, New Panvel (W). Petitioner made payment of Earnest Money Deposit (EMD) of Rs. 2,40,31,859.90 for plot No.37 and Rs.2,76,29,517.90 in respect of plot No.38. Petitioner quoted price of Rs.1,19,925/- per sq. mtr. for plot No.37 whereas price quoted for

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