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2023 Supreme(Bom) 348

S. V. GANGAPURWALA, SANDEEP V. MARNE
Gypsum Structural India Pvt. Ltd. – Appellant
Versus
Brihanmumbai Municipal Corporation – Respondent


Advocates Appeared:
For the Petitioner: Mr. Venkatesh Dhond, Sr. Counsel a/w Mr. Bimal Rajasekhar a/w Ms. Rashmi Raghavan.
For the Respondents:Mr. Narendra Walawalkar, Sr. Advocate a/w. Mrs. Shilpa Redkar, Mr. Virag Tulzapurkar, Sr. Advocate a/w. Amir Arsiwala i/b. Nupur Shah.
For the Intervenor :Mr. Vineet Naik, Sr. Advocate a/w. Mr. Dhaval Deshpande i/b. Yash Jariwala, Shri. Milind V. More, (Addl. GP).

JUDGMENT :

Sandeep V. Marne, J.

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

2. Petitioner has filed the present petition seeking following reliefs :

    “a. For a writ of Mandamus or a writ in the nature of Mandamus or any other appropriate writ, order or direction to Respondent no.1 to cancel the Impugned Tender and issue a fresh tender for the same subject matter with non-arbitrary, reasonable and unbiased terms and conditions insofar as the permitted technologies are concerned;

b. Pending the hearing and final disposal of this writ, an order or direction restraining Respondent no.1 from awarding the contract under Tender No. 7200042659 for rehabilitation of existing about 100 years old storm water arch drains by geopolymer lining trenchless technology in city area [“Impugned Tender’] to any bidder allied with/ who has entered into a MOU with Respondent no.2:

c. If such contract has already been awarded, for a writ of Certiorari or a writ in the nature of Certiorari or any other appropriate writ, order or direction quashing any notice or other communication issued by Respondent no.1 awarding the contract under the Im

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