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2011 Supreme(Guj) 548

A.L.DAVE, J.B.PARDIWALA
SUDHIR C. SHAH – Appellant
Versus
GUJARAT URJA VIKAS NIGAM LTD. THROUGH MANAGING DIRECTOR – Respondent


Advocates appeared:
Mihir Joshi, Sr. Advocate for Nanavati Associates, for the Petitioners.
M. D. Pandya, for Respondent Nos. 1 to 5.

JUDGMENT :

J. B. PARDIWALA, J. This writ petition in the nature of a Public Interest Litigation has been filed jointly by two petitioners. Petitioner Nos.1 and 2 are the resident of Vadodara aged about 49 years and 65 years respectively.

2. In this petition, the following reliefs are prayed for:

"(A) Issue a Writ of mandamus or a Writ in the nature of mandamus or any other Writ, Order or Direction, quashing and setting aside Tender notices and subsequent amendments, and the advertisement inviting tenders for the purchase of Amorphous Transformers and C.R.G.O. Transformers in the concerned Discoms at Annexure-I.

(B) Be further pleased to direct the respondent Discoms to issue fresh tenders based on established norms and values of the formula of cost of ownership.

(C) Any other and further reliefs as may be deemed fit and proper may kindly be granted in the interest of justice."

3. Facts relevant for the purpose of deciding this writ petition in the nature of Public Interest Litigation can be summarised as under:

(1) The present petition has been preferred with an apprehension that a loss is to be suffered by the Government Exchequer, looking to the approach shown by the Discoms in acquirin















































































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