sk 1 wp10167.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.10167 OF 2011 M/s.Vishal Printers : Petitioner V/s. Pune Municipal Corporation & Ors. : Respondents .... Mr.Abhijeet A. Desai for the petitioner. Mr.Abhijit P. Kmulkarni for respondent nos.1 & 2. .... CORAM : S.A. BOBDE AND SMT.V.K.TAHILRAMANI,JJ. DATE : DECEMBER 07, 2011. P.C.: Rule, returnable forthwith. The learned counsel for the respondent nos.1 & 2 waives service. Heard finally by consent of parties. 2. The petitioner has challenged the rejection of the technical bid of tender which it had submitted for a contract of printing of voters’ list for the ensuing elections of Pune Municipal Corporation. According to the respondents, the petitioner is not qualified because during the course of inspection taken at the petitioner’s premises, it was found that the office sk 2 wp10167.11 at Pune was not functioning and other instruments for the purpose of printing were also not available and/or installed at the said site. After the Branch Engineer submitted a visiting report to the Deputy Municipal Commissioner, it was decided therefore to reject the petitioner’s qualifying bid. 3. The learned counsel for the respondent nos.1 & 2 relied upon clause 3 of the tender which requires the tenderer to install five laser printers with a capacity of 60 copies per minutes under one roof. According to the respondents, the petitioner does not have this capacity at Pune since its head office is at Khamgaon. Mr.Desai, the learned counsel for the petitioner, vehemently submitted that the petitioner has capacity as required by the tender conditions, viz., five laser printers under one roof and a fully functional office at Pune. The learned counsel for the corporation denied it and stated that the Corporation does not want to take the risk of engaging a tenderer who does not have the necessary capacity in the matter of printing voters’ list for elections which have already been scheduled. Having regard to the nature of the controversy and disputed questions of fact involved, we are not inclined to entertain this petition. Writ Petition is dismissed. sk 3 wp10167.11 4. Rule shall stand discharged. (S.A. BOBDE, J.) (SMT.V.K.TAHILRAMANI,J.)