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2023 Supreme(Bom) 1501

A. S. CHANDURKAR, VRUSHALI V. JOSHI
H. D. Enterprises – Appellant
Versus
Western Coalfields Limited – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sunil Manohar, Rohan Deo, Yashowardhan Sambre.
For the Respondent: Chaitanya Samudra.

JUDGMENT :

A.S. CHANDURKAR, J.

1. RULE. Rule made returnable forthwith and heard the learned counsel for the parties.

2. Since the challenge raised in both the writ petitions is to the order of blacklisting, they are being decided together by this common judgment.

3. Petitioner-M/s H.D. Enterprises (for short ‘HDE’) in Writ Petition No. 5900 of 2023, a registered partnership firm entered into a joint venture/consortium agreement with the petitioner-M/s Gaurav Contracts Company (for short ‘GCC’) in Writ Petition No. 6197 of 2023 on 23.05.2018. The said joint venture agreed to submit a bid for the work advertised by the respondent no. 1-Western Coalfields Limited (for short ‘the WCL’). It was stated in the said agreement that the joint venture would continue till the project in question was completed including the defects liability period. On the basis of this joint venture, a work order dated 03.01.2019 came to be issued and the joint venture undertook such work. Thereafter on 06.04.2023 the WCL issued E-Tender notice No. 3/24 inviting bids for undertaking expansion of its mines at Chandrapur area. The bids were to be submitted by 24.04.2023 at 11.00 a.m. HDE responded to the said bid o

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