M/S. Biswajeet Enterprises, Thr. Its ... vs Union Of India, Thr. Secretary, ...

ik-131075306 Bombay High Court 12 November 2024 • WRIT PETITION NO.4446; WRIT PETITION NO.4445; WRIT PETITION NO.4474; WRIT PETITION NO.4476; WRIT PETITION NO.4473; WRIT PETITION NO.4475; WRIT PETITION NO.4916; WRIT PETITION NO.4913; WRIT PETITION NO.4915; WRIT PETITION NO.4914 • 35 min read

Judges (2)

Avinash G. Gharote Delivered M.S. Jawalkar Coram

Counsel (3)

C.J. Dhumne Counsel Respondent Masood Shareef Counsel Respondent U.V. Chakravarty Counsel Petitioner

Parties (3)

Biswajeet Enterprises Petitioner MOIL Limited Respondent Union of India Respondent

Case Significance

M/S. Biswajeet Enterprises, Thr. Its ... vs Union Of India, Thr. Secretary, ... is a Bombay High Court decision dated November 12, 2024 (citation: ik-131075306). Ten connected writ petitions by Biswajeet Enterprises challenged its disqualification from MOIL Limited's mining tender process on the ground of past performance issues. The Court found MOIL's disqualification action arbitrary and unsustainable, as MOIL is a 'State' under Article 12 of the Constitution and must act fairly. The petitions were partly allowed — the disqualification was set aside, but since the contract had already been awarded and substantially performed, the Court directed only The bench comprised Justices Avinash G. Gharote and M.S. Jawalkar. The judgment was delivered by Justice Avinash G. Gharote. Counsel appearing: C.J. Dhumne (counsel for respondent), Masood Shareef (counsel for respondent), U.V. Chakravarty (counsel for petitioner).

Summary

Ten connected writ petitions by Biswajeet Enterprises challenged its disqualification from MOIL Limited's mining tender process on the ground of past performance issues. The Court found MOIL's disqualification action arbitrary and unsustainable, as MOIL is a 'State' under Article 12 of the Constitution and must act fairly. The petitions were partly allowed — the disqualification was set aside, but since the contract had already been awarded and substantially performed, the Court directed only that the petitioners be entitled to participate in future tenders.

What was the outcome of M/S. Biswajeet Enterprises, Thr. Its ... vs Union Of India, Thr. Secretary, ...?

Ten connected writ petitions by Biswajeet Enterprises challenged its disqualification from MOIL Limited's mining tender process on the ground of past performance issues. The Court found MOIL's disqual...

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (ik-131075306)