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1999 Supreme(Guj) 762

M.S.SHAH
MURTI ENTERPRISES – Appellant
Versus
STATE – Respondent


Advocates Appeared: H.S.MUNSHAW, J.R.Nanavati, N.D.NANAVATI, NANAVATI AND NANAVATI, Navin K.Pahwa, P.M.THAKKAR, U.A.TRIVEDI

M. S. SHAH, J.

( 1 ) THIS petition under Article 226 of the Constitution raises an important question about the eligibility for participation in tenders invited by a public body called Gujarat Water Supply and Sewerage Board constituted under the provisions of the Gujarat Water Supply and Sewerage Board Act qua supply of hand pumps, in so far as the eligibility has been confined to Gujarat based manufacturers.

( 2 ) THE facts leading to filing of the petition, as averred by the petitioner, are as under :-2. 1 petitioner No. 1 is a partnership firm engaged in the business of manufacturing hand pumps and its spare parts since last 20 years and has its manufacturing unit at Wazirpur, New Delhi. Petitioner No. 2 is a partner of petitioner No. 1-firm. For the sake of convenience, the petitioner firm shall be referred to as "the petitioners". The petitioners have been supplying hand pumps and parts thereof to the State of Gujarat, State of Maharashtra, State of Madhya Pradesh and State of Uttar Pradesh for the last about 20 years. 2. 2 on 25. 2. 1999, the Gujarat Water Supply and Sewerage Board (hereinafter referred to as "the Board" or "the respondent Board") placed orders with the petit




















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