1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIGINAL SIDE WRIT PETITION NO. OF 2009 {LODGING NO.2684/2009} Dash Interior Inc. .... Petitioners Vs. Mathadi Hospital (Trust) & Ors. .... Respondents S/Shri P.N. Modi with Prakash Shah i/b Ms Archana Gupte for the Petitioners. S/Shri Anand Grover i/b J.J. Shah for Respondent No.1. Shri M.D. Siodia i/b Rustamji & Ginwala for Respondent No.2. Shri A.K. Jalsatgi, AGP, for Respondent No.3. CORAM: J.N. PATEL, ACTING C.J. AND B.R. GAVAI, J. DATED: JANUARY 19, 2010 P.C: 1. Heard. The learned counsel for the petitioners has challenged the decision of the respondents in cancelling the tender issued in July, 2009 in which the petitioners were successful and calling for a fresh tender on 19-12-2009. 2 2. In their affidavit in support, respondent No.1 has spelt out the justification for cancelling the tender and for calling a fresh one. The main reason given for calling the fresh tender is that none of the bidders were fit to be awarded the contract. 3. In our view, the decision of respondent No.1 to call for fresh tender cannot be said to be erroneous as it is on subjective satisfaction that respondent No.1 was required to take such a decision and the same has been communicated to all the parties who had participated in the process and the petitioners had received such communication and thereafter they had applied for the new tender which is under challenge. As per the requirement of the new tender, the petitioners are found to be not qualified as they do not meet all the requirements and, therefore, we do not think that the petitioners can impose themselves on the respondents to award them the contract. We do not find any merit in the petition and the same is therefore dismissed. ACTING C.J. B.R. GAVAI, J.