TMI Blog2013 (8) TMI 993X X X X Extracts X X X X X X X X Extracts X X X X ..... further consideration, and the learned counsel for petitioner Mr.Parikh with Mr.Jagirdar and Mr.Nanavati for respondent are heard. 2. It appears that as per the petitioner there was composite settlement; whereas as per the respondent Corporation the fact of settlement is admitted, but the respondent Corporation has considered that the settlement includes the liability of the petitioner to pay the amount as per the tender agreement from 20.12.2012 or in any case 7.1.2013 till the settlement is actually acted upon. It was submitted on behalf of the Corporation that if the contract was put to life by the interim order the liability as per the contract qua Zone Nos.3 and 4 would be attracted. Whereas on behalf of the petitioner it was submitt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the order whereby it was observed thus; "After hearing learned counsel for the parties, we are satisfied that in all these writ petitions, interim relier is required to be granted. Therefore, we are passing fresh orders of stay. The respondents are restrained from inviting fresh tenders till the next date of hearing and if any fresh tenders have been invited, no further action be taken on such tenders." 7. The aforesaid order would mean that the Court did not continue the order which was granted in terms of para8( C) and both the earlier interim relief came to be modified to the effect that the interim relief granted in terms of para8( C) was neither confirmed nor continued and only interim relief qua fresh tender was continued. However ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this stage.
11. It was submitted that earlier tender was issued for all the zones in a composite manner. On account of the clarification made by us today, it would be open to the Corporation to proceed for issuance of the fresh tender qua zone Nos.1 and 2.
12. At this stage Mr.Nanavati, learned counsel appearing for the respondent states that the Corporation may consider to withdraw the order of termination so that the contract may continue enabling the Corporation to get the revenue as per the contract.
13. Mr.Parikh for the petitioner states that if such a decision is taken by the Corporation, the petitioner would take appropriate decision in the matter.
14. S.O. to 21.8.2013 for further consideration. X X X X Extracts X X X X X X X X Extracts X X X X
|