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VIBHA KANKANWADI, S. G. CHAPALGAONKAR
Ambarwadikar and Company Through its Partner Mr. Suryakant V. Ambarwadikar – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
VIBHA KANAKANWADI, J.
1. Present appeal has been filed by original plaintiff to challenge common order below Exhs.5, 6 and 7 dated 01.11.2023 by Commercial Court/District Judge-2, Aurangabad in Commercial Suit No.1/2023, thereby rejecting all the applications. (Hereinafter parties are referred as they were before the trial Court, for the sake of convenience.)
2. The original plaintiff is a registered Partnership Firm engaged in business of infrastructure. The plaintiff has executed various Government projects. Defendant No.2 had floated a tender in 2010 for the work i.e. construction of Earthwork Lining and Structures of Canal No.1 and Distribution System of Brahmagavan Lift Irrigation Scheme Part-II, Tq. Paithan, Dist. Aurangabad for estimated costs of Rs.4,494.86 lakhs. Plaintiff participated in the tender process and its bid was accepted. The plaintiff had deposited an amount of Rs.30,00,000/- and also given bank guarantee of Rs.82,40,000/- of Janata Sahakari Bank Limited in pursuant to the tender contract. It is the contention of the plaintiff that it was the duty of the defendants to see that all the land is made available to the plaintiff for carrying out the work. Up
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