1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.363 OF 2008 NOTICE OF MOTION NO.363 OF 2008 NOTICE OF MOTION NO.363 OF 2008 IN IN IN WRIT PETITION NO.2634 OF 2007 WRIT PETITION NO.2634 OF 2007 WRIT PETITION NO.2634 OF 2007 Shri Premanand D. Gaikwad .. Petitioner vs. The Municipal Corporation of Greater Mumbai & Ors. .. Respondents Mr.S.D.Thokade i/b Mr.S.S.Gawde for the petitioner Ms.P.A.Purandare for respondent no.1 to 3 CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & K.K. TATED, JJ. K.K. TATED, JJ. K.K. TATED, JJ. DATE: 21ST JANUARY, 2009 DATE: 21ST JANUARY, 2009 DATE: 21ST JANUARY, 2009 P.C. 1. Heard. 2. On the petitioner paying cost of Rs.1000/- to the respondent Corporation, petition will be restored to file. Cost to be paid within two weeks by depositing the same to the Legal Department of M.C.G.M. On such payment of cost, Notice of Motion is made 2 absolute in terms of prayer clause (a). 3. By consent, we have taken up the petition for admission. The learned counsel for Municipal Corporation after seeking instructions informs the court that the petitioner was disqualified from participating in any tender invited for supply of firewood to the two Hindu cemeteries for non performance of the contract and that the present tender is a centralised tender for supplying of firewood to all the Hindu cemeteries within the Jurisdiction of M.C.G.M. It is submitted that this court may pass appropriate orders considering this background. 4. Prima facie, we find that as the petitioner has not been blacklisted and debarred for ever, there is no reason why this court should not permit him to participate in the tender. Petitioner to comply with the terms of notice inviting tender by tomorrow i.e. 22.1.2009 by 1 o’clock. If the petitioner complies with all the requirements, his bid may be considered alongwith others subject to further orders to be passed by this court. Respondent to file their affidavit in reply within four weeks. Matter be listed for disposal 3 at the stage of admission after affidavit in reply is filed by the respondents. 5. Stand over to 17.02.2009. (J.N. PATEL, J.) (J.N. PATEL, J.) (J.N. PATEL, J.) (K.K. TATED, J.) (K.K. TATED, J.) (K.K. TATED, J.)