1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.125 OF 2009 Guru Nanak Industries Infrastructure Development Private Limited Firm, Aurangabad, Through the Director, Shri. Khushbirsingh s/o Basantsingh Bindra, R/o- Plot No.5, Jyoti Nagar, Aurangabad. ...PETITIONER. VERSUS 1) Maharashtra State Road Development Corporation Limited, Mumbai. Through the Vice Chairman and Managing Director, MSRDC Limited, Nepean Sea Road, Priyadarshani Park, Mumbai and others. ...RESPONDENTS. ... Shri. P.R. Katneshwarkar Advocate for Petitioner. Shri. Pradeep Deshmukh, Advocate for Respondent Nos. 1, 2 and 4. Shri. Sandeep S. Deshmukh Advocate for Respondent No.7. ... 2 CORAM: NARESH H. PATIL AND N.D. DESHPANDE, JJ. DATE : 16TH APRIL, 2010. PER COURT : 1. Heard learned counsel for the parties. 2. The Petitioner's contention is that his second bid envelope was not opened on the ground that the Petitioner did not furnish a demand draft of Rs.5,00,000/- (Rs. Five Lakh only) as security. 3. It is the contention of the Petitioner that the Petitioner was already executing similar work at the adjacent site and the amount of more than Rs. Two Crores was due to the Petitioner from the Respondents. The unnecessary conditions were deliberately put to exclude the Petitioner from competing in the tender process. 4. Shri. Pradeep Deshmukh, learned counsel for the Respondents placed on record a certificate 3 issued by Executive Engineer M.S.R.D.C. (Ltd.), Nagpur dated 13th April, 2010, in which it is stated that the cost of work done by the Contractor in respect of the subject tender of Nagpur - Aurangabad - Sinner - Ghoti - Mumbai Road (Package-IX) is Rs.2478.89 Lakhs and till 12th April, 2010, 99.52% of contract price work is completed. 5. In the light of the subsequent developments in the matter and the statements made by the learned counsel appearing for the Respondents, that the majority of the work under the tender is already completed, in the present proceedings, we are not inclined to interfere. Writ Petition is dismissed. [N.D. DESHPANDE, J.] [NARESH H. PATIL, J.] asb/APR10/wp125.09