HEMANT ASHAR, THE PARTNER OF SHREEJI NETWORK SOLUTIONS vs NASHIK MUNICIPAL SMART CITY DEVELOPMENT CORPORATION LTD. AND ORS

Judgment text excerpt

Megha 8_wp_867_2024-FC.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.867 OF 2024 Hemant Ashar ...Petitioner V/s. Nashik Municipal Smart City Development Corporation Limited and Ors. ...Respondents ______________ Mr. Ashutosh Kulkarni i/b. Mr. Susmit S. Phatale for the Petitioner. Mr. Vishwajit Sawant, Senior Advocate with Mr. M.L. Patil and Mr. Nikhil Patil for Respondent Nos.1 and 2. Mr. Gaurav Joshi and Mr. Ashish Kamat, Senior Advocates with Mr. Jaideep Singh Khattar, Ms. Trisha Desai, Mr. Huzan Bhamgura and Ms. Janhavi Kalpesh Pise i/b. M/s. The Fort Circle & Solicitors for Respondent No.3. ______________ CORAM: CHIEF JUSTICE & SANDEEP V. MARNE, J. Dated: 13 June 2025. Judgment: (Per: Sandeep V. Marne J.) 1) The Petitioner has filed the present Petition seeking termination of work order dated 29 December 2022 issued in favour of Respondent No.3 and for cancellation of Page No. 1 of 20 13 June 2025 Megha 8_wp_867_2024-FC.docx the tender process. Petitioner has also prayed for appointment of appropriate enquiry committee for conducting investigations into the entire tender process. He has also prayed for recovery of money paid to Respondent No.3 in pursuance of work order dated 29 December 2022. 2) Brief facts leading to the filing of the present Petition are as under: Respondent No.1-Nashik Municipal Smart City Development Corporation Ltd. issued E-Tender for a proposal for implementation and maintenance of Integrated Surveillance and City Operations Platforms (ISCOP) for Emergency Operation Center (EOC) in Nashik on 5 July 2022. The timeline for completion of work under the tender was 12 months from the date of issuance of work order with operation and maintenance. Under the pre- qualified criteria specified in the Tend