Vijaya Yadav 1/22 Judg.8.wp.1685.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR

WRIT PETITION NO. 1685 OF 2022

1.

M/s Meena Enterprises,

A Proprietorship concern through its

Proprietor, having address at shop

No.01, Kings Krest, B. S. Road, Near

Kabootar Khana, next to Bata

Showroom, Dadar West, Mumbai

(Maharashtra) 400028.

2.

Mrs. Bindu Fatechand Jain

Age 51 Years, Occupation – Business;

Resident at – Flat No.203, Deware

House, Dadar West, Mumbai,

Maharashtra.

... PETITIONERS

V E R S U S

1.

Governor of Maharashtra

Raj Bhavan, Walkeshwar Road, Malabar

Hill, Mumbai – 400035.

[Deleted as per order dt.28.3.2022]

2.

State of Maharashtra

through its Secretary (Industry),

Ministry of Industry, 114, Annex

Building, Mantralaya, Mumbai -400032

Vijaya Yadav 2/22 Judg.8.wp.1685.2022.odt

3.

Joint Director of Industries

Directorate of Industries, Government

of Maharashtra, 2^nd Floor, Udyog

Bhavan, Civil Lines, Nagpur-440001.

4.

The General Manager,

District Industries Center, Nagpur,

Directorate of Industries, Government

of Maharashtra, 2^nd Floor, Udyog

Bhavan, Civil Lines, Nagpur-440001.

5.

Abhaya

Women

Entrepreneurs

Association, through its President,

having its address at Plot No.56, MIDC

Industrial Area, Butibori, Nagpur.

... RESPONDENTS

Mr. T. D. Mandlekar, Advocate for Petitioners.

Ms. K. S. Joshi, Government Pleader for Respondent Nos.1 to 4.

Mr. S. A. Chaudhary, Advocate for Respondent No.5.

CORAM

: NITIN JAMDAR AND

ANIL L. PANSARE, JJ.

DATE

: 25 APRIL 2022.

JUDGMENT - [PER ANIL L. PANSARE, J.]

.

Heard Mr. T. D. Mandlekar, the learned Counsel for the

Petitioners, Ms. K. S. Joshi, the learned Government Pleader for

Respondent Nos.1 to 4 and Mr. S. A. Chaudhary, the learned Counsel

for Respondent No.5.

Vijaya Yadav 3/22 Judg.8.wp.1685.2022.odt

2.

Rule. Rule made returnable forthwith. Heard finally by

consent of the parties.

3.

The Petitioner, a proprietorship concern is seeking to quash

and set aside the tender notification issued by the Respondent No.3 on

22 February 2022. According to the Petitioner the Respondent Nos. 3

to 5 have issued tender for common facility center of M/s Abhaya

Women Entrepreneurs Association, Nagpur for “Garment Setup with

Design Embroidery Printing Special Stitching, Furniture and

Electrification Facility”. The Respondents have conducted pre-bid

meeting on 4 March 2022 in order to resolve the different queries and

objections of the bidders.

4.

The Petitioner has relied upon the General Instructions on

Procurement and Project Management dated 29 October 2021 issued

by the Government of India, Ministry of Finance so also the

procurement guidelines issued by the Government of Maharashtra on

1 December 2016 to contend that the terms and conditions specified in

the tender are contrary to the said guidelines. The tender does not have

clarity in respect of eligibility criteria. The terms and conditions of

tender are vague. It is a faulty document as it expects the bidder to

provide the consultancy as well. According to the Petitioner, various

objections were raised in pre-bid meeting in respect of tender

conditions, but are not satisfactorily dealt with by the Respondents.

Vijaya Yadav 4/22 Judg.8.wp.1685.2022.odt

5.

Mr. Mandlekar, the learned Counsel for the Petitioners

submits that the technical specifications in the tender document

provides that a bidder must submit a machinery layout plan as per

building sanction area. It further provides that bidder shall upload

electrical connection/fitting