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2025 DAILYLAW 59828 (BOM)

OMKAR CONSTRUCTION THRUGH ITS PROPRIETION SHRI DADARAO SHAHUJI DHAGE v. THE SUPERITENDING ENGINEER PUBLIC WORKS DIVISIONAL NANDED

CP/1/2025 · 2025-10-17

Shri Ravindra V Ghuge

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

cp1.25 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CONTEMPT PETITION NO. 01 OF 2025 IN WRIT PETITION NO. 3848 OF 2024 Omkar Construction ...Petitioner Versus The Superintending Engineer, Public Works Division, Nanded and others ...Respondents ….. Mr. D.S. Bagul, advocate for the petitioner Ms. Neha B. Kamble, A.G.P. for respondent Nos. 1 and 3 Mr. S.G. Karlekar, advocate for respondent No. 2. ….. CORAM : SHREE CHANDRASHEKHAR, CJ. & RAVINDRA V. GHUGE, J. DATE : 17th OCTOBER 2025. P.C. : Alleging the non compliance of the order dated 16th July, 2024, by the contemnor-Authority, the present contempt petition has been filed seeking initiation of proceeding under the Contempt of Courts Act, 1971, against the contemnor- respondents. 2. The learned counsel for the petitioner-Company, 2025:BHC-AUG:30018-DB cp1.25 -2- states that by not opening the financial bids submitted by the petitioner-Company, the contemnor-respondents have committed breach of the order dated 16th July, 2024, passed by this Court in writ petition Nos. 3848 of 2024, 3904 of 2024 and 3907 of 2024. The learned counsel for the petitioner refers to the directions issued by this Court vide order dated 16th July, 2024, by which the petitioner was permitted to participate in the tender process with further direction to the respondents not to reject the financial bids of the petitioner- Company only on the ground of blacklisting. 3. It is admitted at the bar that the financial bids submitted by the participating tenderers were opened on 1st July, 2024 whereas the directions were issued by this Court on 16th July, 2024. The learned counsel for the petitioner states that it was the responsibility of the contemnor- respondents to apprise the Court that the financial bids submitted by the participating tenderers were already opened on 1st July, 2024. However, we do not find the submission made on behalf of the petitioner-Company that it has no information about opening of the financial bids on 1st July, 2024. It is also not a statement made or a ground raised in this contempt petition that the contemnor-respondents did not cp1.25 -3- disclose before the Court the date of opening of the financial bids on 1st July, 2024 with a view of mislead the Court. Moreover, the completion time under the tender notice dated 13th October, 2023 was of one year, which now has lapsed. It is now well settled that the contempt petition, on hazy facts, cannot be entertained. 4. The contempt petition No.01 of 2025 is dismissed. (RAVINDRA V. GHUGE, J.) (CHIEF JUSTICE) rlj/