Nitin Industrial Associates Khamgaon v. State of Maharashtra and Others

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1986 Supreme(Online)(Bom) 10

BOMBAY HIGH COURT
QAZI, DEO, JJ
Nitin Industrial Associates Khamgaon v. State of Maharashtra and Others

Advocates:
For the Appellants/Petitioners: Mr. Bobde
For the Respondents: Mr. Garud, Mr. Masodkar

Table of Content
1. introduction of the facts leading to the petition. (Para 1 , 2)
2. discussion on jurisdictional challenge regarding where the cause of action arose. (Para 3 , 9)
3. court's findings on jurisdiction and constitutional authority. (Para 4 , 5 , 6)
4. controversy surrounding the tender allocation process. (Para 7 , 10)
5. final decision regarding the impugned resolution. (Para 11 , 12)

1. The facts that give rise to this petition are that the Director of Health Services issued a notice dt. 21st July, 1983 inviting tenders in respect of used X - ray plates and "wasteful hypo solution" to be sold to Small Scale Units (these being items from which silver is extracted). Six parties submitted tenders in respect thereof. However, the Government thereafter passed a Resolution dt. 3rd Aug. 1984 purporting to distribute these two items amongst three parties, namely, the petitioners (herein) and respondents 3 and 4, and also indicating the areas in which each of these parties would operate. The said resolution also stipulated that the used X - ray films would be sold at Rs. 40.50 per kilogram whilst "wasteful hypo solution" would be sold at Rs. 11.00 per litre. Being aggrieved by t