-1- IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.2943 OF 2008 NO.2943 OF 2008 NO.2943 OF 2008 Sadguru Shri Anirudh (Bapu) Vahatuk Sahakari Sanstha Ltd. ...Petitioners v/s The Regional Manager, Central Warehousing Corporation, Mumbai and others ...Respondents Mr Umesh Mankapure for Petitioners. None for Respondents. CORAM : D.K. DESHMUKH AND N.D. DESHPANDE JJ. DATE : 28TH APRIL 2008. -2- P.C. :- 1. The petitioners by this petition challenge communication dated 1st April 2008 by which the petitioners have been informed that their offer cannot be considered because they do not comply with the conditions of tender. The relevant facts are that the offers were earlier invited, petitioners had submitted offer but then it was decided in February 2008 that the offer submitted pursuant to the earlier tender cannot be accepted and therefore, the earnest money received from the petitioners was refunded. The petitioners did not challenge it. Fresh tender was published, some new conditions are added therein. One of the condition added was "work experience - managing of average minimum 3 - 4 rakes per month in a year by the tenderer". This tender offer was made in February 2008, the petitioners did not challenge it. The petitioners submitted the tender. The offer of the petitioner has not been accepted since the petitioners do not comply with the above quoted condition. There is no dispute that the petitioners do not comply with the above quoted condition. According to the petitioners, the said condition is arbitrary. In our opinion, the contention does not lie in the mouth of the petitioners. If according to the petitioners any condition or tender -3- offer itself was arbitrary, the petitioners should have approached the Court at that juncture, the petitioners did not do it, on the contrary, they submitted their offer and approached the Court only when their tender was rejected. In our opinion, there is no substance in the petition. The challenge cannot be entertained at the instance of the petitioner. Petition is rejected. . Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of the Court. . Certified copy expedited. ( D.K. DESHMUKH J.) ( N.D. DESHPANDE J.)