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2020 Supreme(Guj) 365

HARSHA DEVANI, SANGEETA K.VISHEN
Shree Sai Cargo – Appellant
Versus
Division Railway Manager (Commercial) – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr Manasvi Thapar for Mr. Aditya P Jhawar
For the Respondent: Mr Akshay A Vakil, Mr FB Brahmbhatt, Mr Siraj R Gori, Mr. Mukesh N Shah, Mr. D H Panchal, Sudhanshu A Jha

ORDER :

HARSHA DEVANI, J.

1. Mr. Siraj Gori, learned advocate for the first respondent has tendered an additional affidavit. The same is taken on record.

2. By this petition under article 226 of the Constitution of India, the petitioner seeks stay of the e-tender process pursuant to the e-tender notice/detailed notice inviting tender dated 15.10.2019 having reference No.C78/1/117/TENDER/SLR/03/2019-20 issued by the first respondent – Divisional Railway Manager (Commercial), Western Railway, Ahmedabad for leasing of SLR space.

3. The facts, as appearing in the petition are that the petitioner is a proprietorship firm and is engaged in the business of logistics and cargo services for the past five years. The petitioner is engaged by various entities for logistics supplies and cargo services and is a regular contractor and insofar as the present respondent is concerned, the petitioner is a regular contractor for leasing SLR for cargo movement.

3.1 It is the case of the petitioner that it has been contracting with the railways for a long time and is a bona fide contractor for the first respondent. The petitioner was registered with the first respondent as a registered lease-holder of Ahmeda

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