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2023 Supreme(Bom) 1229

SUNIL B. SHUKRE, RAJESH S. PATIL
Michigan Engineers Pvt. Ltd. – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.Vineet Naik, Senior Advocate with Mr.Dhaval Deshpande and Mr.Amir Arsiwala i/b Mr.Yash Jariwala
For the Respondent: Mr.Karan Bhosale with Mr.Kunal Waghmare i/b Mr.Sunil Sonawane, Mr.S.B. Gore, Adv

JUDGMENT :

Rajesh S. Patil, J.

1. This Petition is filed under Article 226 of the Constitution of India, challenging an action of Respondent No.2/Municipal Corporation of Greater Mumbai (for short “MCGM”) inter-alia imposing recoveries on the Petitioner to the tune of Rs.1,82,31,076.24 ps., vide its letter dated 29 March, 2023, from the sums due and payable to the Petitioner.

2. By an order dated 14 June, 2023 passed in this Writ Petition, notice for final disposal of the Petition at the admission stage was issued and the matter was fixed for final hearing. Accordingly by consent the matter was taken for final disposal at the admission stage.

THE FACTUAL BACKGROUND :

3. The Petitioner claims to be engaged in providing infrastructure and construction services and carries out civil engineering works in all sectors of infrastructure industries such as tunnels, micro tunnels, bridges etc.

4. Pursuant to the bids invited by Respondent No.2/MCGM, for rehabilitation of the sewer lines by GRP liners using trenchless technology in Greater Mumbai, the Petitioner’s bid was accepted and Contract No.SO4-07-T-1 (for short “First Contract”) was executed on 17 April, 2008 between the Petitioner and MCGM

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