HARSHA INFRA POWER PVT. LTD. vs BHARAT PETROLEUM CORPORATION LTD.

Judgment text excerpt

3076.24-wp.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.3076 OF 2024 BASAVRAJ Harsha Infra Power Pvt. Ltd. ….. Petitioner GURAPPA PATIL Digitally signed by BASAVRAJ GURAPPA Vs. PATIL Date: 2025.03.06 16:05:32 +0530 Bharat Petroleum Corporation Ltd. & Anr. ….. Respondents Dr. Abhinav Chandrachud (through Video Conferencing) a/w. Mr. V. C. Shukla, Mr. Tarun Gulia and Mr. Darshan Patankar i/b. Mr. Tejas Mande for the petitioner Mr. Prasad S. Dani, Senior Advocate i/b. S. R. Page for respondent No.1. CORAM: ALOK ARADHE, CJ. & BHARATI DANGRE, J. RESERVED ON : MARCH 4, 2025 PRONOUNCED ON : MARCH 6, 2025 JUDGMENT (PER : CHIEF JUSTICE) 1. Rule. Rule is made returnable forthwith. By consent of the parties, heard finally. 2. In this petition, the petitioner has assailed the validity of Clause 4.1.1 (g)-(h) of Policy for Holiday Listing (Policy) of Bharat Petroleum Corporation Ltd.(Corporation) as well as the validity of orders dated 29th December 2023 and 29th March 2024. In order to appreciate the challenge of the petitioner to the impugned clauses of the Policy as well as the impugned orders, the relevant facts need mention which are stated infra. Basavraj Page | 1 3076.24-wp.docx 3. The petitioner is a Company incorporated under the laws of India. The petitioner deals with contracts of laying down and maintenance etc. of water pipelines. The Respondent Corporation is a Public Sector Undertaking. The Corporation issued a Notice Inviting Bid for laying pipelines in Ahmednagar and Aurangabad in the State of Maharashtra. The petitioner on 13th March 2023 in the aforesaid tender was adjudged as successful bidder and a Letter of Acceptance (LoA) was issued to the petitioner on the same day. 4. The Project Management Consultant