Court rules in favor of respondents on tender notice and contract termination cases. Corporation's applications for relief vacated. The court found in favor of the respondents in both matters. In the case concerning the issuance of a fresh tender notice, the respondent-Municipal ...
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Court rules in favor of respondents on tender notice and contract termination cases. Corporation's applications for relief vacated.
The court found in favor of the respondents in both matters. In the case concerning the issuance of a fresh tender notice, the respondent-Municipal Corporation's acceptance of the proposal led to the disposal of the application. In the case related to the termination of a contract, since the respondent-Corporation accepted the petitioner's proposal, the applications were not pursued and disposed of without costs. Additionally, the Corporation's applications to vacate interim relief were also disposed of as they were no longer relevant.
Issues involved: Pertaining to issuance of fresh tender notice and termination of contract.
Issuance of fresh tender notice: The case involved Special Civil Application No.3737 of 2013 concerning the issuance of a fresh tender notice. The respondent-Municipal Corporation accepted a proposal from Sun Communications, Vadodara, as communicated on 21.08.2013. The proprietor of Sun Communications, Mr. Kiranbhai Vasantrav Kadam, assured the Court of compliance with the proposal. As the respondent accepted the proposal, the petitioner had no remaining grievance, leading to the disposal of the Special Civil Applications with the discharge of the rule and vacation of interim relief.
Termination of contract: Special Civil Applications No.16742 of 2012, 16743 of 2012, and 16744 of 2012 were related to the termination of a contract. The Court noted that since the proposal made by the petitioner was accepted by the respondent-Corporation, the petitioner had no surviving grievance. Consequently, the Special Civil Applications were not pressed and disposed of with no order as to cost. Additionally, Civil Applications No.1947 of 2013 in Special Civil Application No.16743 of 2012 and Civil Application No.1945 of 2013 in Special Civil Application No.16744 of 2012, filed by the Municipal Corporation to vacate interim relief, were found to no longer survive and were disposed of accordingly.
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