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2022 DAILYLAW 2913 (BOM)

ARTEFACT PROJECTS LIMITED AND ANR. v. STATE OF MAHARASHTRA AND ANR.

WP/4586/2022 · 2026-01-28

Smt Bharati Dangre, Smt Manjusha Ajay Deshpande

body2022

Judgment text

Extracted from the PDF above. The PDF is authoritative.

22-wp.4586.2022.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.4586 OF 2022 Artefact Projects Limited and Anr. …Petitioners Versus State of Maharashtra and Anr. ...Respondents Mr. Gopal Machiraju (Through video-conferencing) with Ms. Ruchi Wagaralkar i/b Mr. Sriram Sridharan for the Petitioners. Mr. Dipesh Siroya, A.G.P. for the Respondent No.1– State. Mr. N. R. Bubna, a/w Ms. Pooja Malik for the Respondent No.2-UOI. CORAM: BHARATI DANGRE & MANJUSHA DESHPANDE, JJ. DATE : 28th JANUARY 2026 P.C. : 1. The petition raises a challenge to an order debarring it from pre-qualification/participation/engagement for bidding for the future projects to be undertaken by the MORT&H Projects in Maharashtra either directly or indirectly for a period of one year. The said order being passed by the Chief Engineer, Konkan Bhavan, Navi Mumbai was preceded by issuance of a show-cause-notice and a conclusion being drawn that there were several defaults noticed in N. S. Chitnis 1/2 NISHA SANDEEP CHITNIS Digitally signed by NISHA SANDEEP CHITNIS Date: 2026.01.30 13:14:39 +0530 22-wp.4586.2022.doc proper execution and maintenance of the subject highway and the Competent Authority decided to debar the petitioners and its directors for a period of one year. 2. The petition being filed in the year 2022 has appeared before us in January 2026 when the period of debarment is already over. Though learned counsel would submit that the order had cast a stigma upon him, we are of the opinion that since the period of debarment is already over, the petition do not deserve to be entertained after a lapse of five years after the date of passing of the order. In any case we clarify that since the period of debarment was only for one year, the petitioners shall be entitled to participate in future projects of MORT&H, as debarment ceased to exist after 29th September 2021. 3. Petition is accordingly disposed of. MANJUSHA DESHPANDE, J. BHARATI DANGRE, J. N. S. Chitnis 2/2