SCA/7943/2008 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 7943 of 2008 ========================================== MEHTA ENTERPRISE - Petitioner(s) Versus STATE OF GUJARAT & 2 - Respondent(s) ========================================== Appearance : MR MITUL K SHELAT for Petitioner(s) : 1, MR KB TRIVEDI ADVOCATE GENERAL for Respondent(s) : 1, NOTICE SERVED BY DS for Respondent(s) : 1 - 3. ========================================== CORAM : HONOURABLE MR.JUSTICE M.S.SHAH and HONOURABLE MR.JUSTICE D.H.WAGHELA Date : 27/06/2008 ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE M.S.SHAH)
Mr.B.D.Dhanani,
Assistant Director of Fisheries, who is present before the Court,
states that Mr.R.M.Mehta of M/s.Mukesh Brothers and Mr.P.R.Gharekhan
of M/s. HMV Associates are present before the Court. Each of the
above-named gentlemen states that they are authorised persons of the
above-named firms and that their firms are not willing to participate
in the auction and they have also not deposited earnest money deposit
of Rs.45 lakhs.
2. That
leaves only the petitioner-M/s.Mehta Enterprise in the fray. Mr.Mitul
K. Shelat, appearing for the petitioner, states that the petitioner
had submitted his offer of Rs.2295/- + taxes per box in response to
the tender notice No.10/08-09 dated 17.4.2008 and that the final
offer being made by the petitioner is for Rs.2000/- (inclusive of all
taxes per box), which means the petitioner is offering to purchase
the blow moulded insulated boxes at the rate of approximately
Rs.1777/- + taxes.
3. Mr.Trivedi,
learned Advocate General, states that, since the lowest offer in
response to the first tender notice (No.4/07-08) was Rs.2355/- +
taxes per box and the lowest offer in response to the second tender
notice (No.10/08-09) was Rs.2295/- + taxes per box and since no party
had applied in response to the third tender notice (No.12/08-09) and
since the present petitioner is offering to supply blow moulded
insulated boxes at the price of Rs.1777/- + taxes making it
Rs.2,000/- (inclusive of taxes and all inclusive prices per box), the
State Government will give the contract of supplying blow moulded
insulated boxes with capacity of 50 litres to the petitioner,
subject to the terms and conditions of tender notice No.10/08-09
dated 17.4.2008.
4. In
view of the above developments, nothing further survives in this
petition. Mr.Mitul K.Shelat, learned counsel for the petitioner,
seeks leave to withdraw the petition, i.e. SCA No.7943 of 2008, as
well as SCA No.5125 of 2008. Leave as prayed for is granted. SCA
No.7943 of 2008 is accordingly disposed as withdrawn. SCA No.5125 of
2008 is also permitted to be withdrawn for which separate order is
being passed in SCA No.5125 of 2008.
Sd/- Sd/- ( M.S.Shah, J.) ( D.H.Waghela, J.) (KMG Thilake)