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2025 DAILYLAW 116565 (ALL)

M/S ASHISH TRADERS THRU. ITS PROPRIETOR SHASHANK UPADHYAY v. SRI PARTH SARTHI SEN SHARMA, ADDL.CHIEF SECY./PRIN. SECY. MEDICAL HEALTH AND FAMILY WEL. AND ORS.

CAPL/95/2025 · 2025-01-15

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:2321 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 95 of 2025 Applicant :- M/S Ashish Traders Thru. Its Proprietor Shashank Upadhyay Opposite Party :- Sri Parth Sarthi Sen Sharma, Addl.Chief Secy./Prin. Secy. Medical Health And Family Wel. And Ors. Counsel for Applicant :- Rahul Roshan Dubey,Amit Kant Saxena Hon'ble Manish Kumar,J. Heard. The present contempt application has been preferred for non compliance of interim order dated 18.10.2024 passed in Writ C No. 8961 of 2024. Relevant extract of the said judgment is quoted hereinbelow:- "The tender proceedings shall remain subject to further orders / result of this writ petition. Let a counter afÏdavit be filed by opposite parties. A separate counter afÏdavit shall be filed by opposite party no.1 specifically mentioning as to whether in view of para no.3 of the Government Order dated 25.08.2020, it was permissible for the concerned department to invite tenders with the condition that the average turnover of the bidder in the last three years should be 300 lacs when the total project cost is Rs.1,26,72,000/-. Let counter afÏdavit be filed within three weeks." Learned counsel for the applicant has submitted that despite the interim order, the result of the tender has been declared and flouted the interim order passed by the writ Court. After hearing the learned counsel for the applicant and going through the interim order passed by the writ Court, it is found that it is nowhere directed not to open the tender and declaring its result. The order says that the tender proceedings shall remain subject to further orders/result of this writ petition. In case, the applicant has any grievance, he may move an appropriate application in the pending writ petition. In view of the facts and circumstances discussed hereinabove, no contempt is made out and the present contempt application is dismissed as such. Order Date :- 15.1.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench