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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ALOK ARADHE, CJ., BHARATI DANGRE, J.
V. Ravi Prakash, President, RTV – Appellant
Versus
Mumbai Metropolitan Region Development Authority – Respondent
JUDGMENT :
ALOK ARADHE, C.J.
1. In this Public Interest Litigation (PIL), the petitioner, inter alia; is seeking an investigation by CBI or an SIT into the alleged fraud bank guarantees furnished by respondent No.3 – Megha Engineering Infrastructure Ltd. (MEIL) which has been accepted by respondent No.1 i.e. Mumbai Metropolitan Region Development Authority (MMRDA). The challenge to the bank guarantees is made on the ground that the same have been issued by the Euro Exim Bank, which is neither a scheduled bank nor a commercial bank, approved by the Reserve Bank of India. The petitioner also seeks a direction to the MMRDA to cancel the contract awarded to MEIL. The facts leading to filing of this PIL need mention, which are stated infra.
(I) FACTS:
2. A Request for Proposal (RFP) was issued on 12th May 2023 for construction of a twin tube road tunnel between Thane and Borivali in Mumbai. The MEIL, in the aforesaid RFP, was declared the preferred bidder and on 8th May 2023, a Letter of Acceptance (LoA) was issued to it. The MEIL furnished performance bank guarantee for a sum of Rs.92.67 crores and Rs.88.18 crores, issued by Canara Bank for the project in question. The MEIL has also furnis
Public Interest Litigations must be filed with bona fides, and failure to disclose relevant facts can lead to dismissal.
Point of Law : Courts must do justice by promotion of good faith, and prevent law from crafty invasions. Courts must maintain the social balance by interfering where necessary for the sake of justice....
Public Interest Litigation must meet strict bona fides and credential requirements to prevent misuse for personal gain.
Public interest litigants must have clean hands and credible credentials, and the courts must validate claims to prevent frivolous petitions, while retaining the sanctity of public interest litigatio....
Violation of PIL Rules, 2010 and the principle of constructive res judicata led to the dismissal of the petition.
Public Interest Litigation - Health delivery system in the State of Uttar Pradesh - Not maintainable as petition not espousing cause of any member of a disadvantageous section of society or any perso....
The court emphasized the need for petitioners in public interest litigation to come with clean hands and be above suspicion, and laid down parameters to prevent misuse of public interest litigation.
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