R AND B INFRA PROJECTS LTD THR. AUTH. SIGN. RATANSINGH M. RATHOREversusBHIWANDI NIZAMPUR MUNICIPAL CORPORATION AND ORS

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        PANCHAL

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIVIL APPELLATE JURISDICTION
          Digitally


BALAJI
          signed by
          BALAJI
          GOVINDRAO
                                    WRIT PETITION NO. 17865 OF 2025
GOVINDRAO PANCHAL
PANCHAL   Date:
          2026.10.06
          11:05:03
          +0530

                       R & B Infra Project Limited               ...Petitioner
                            Versus
                       Bhiwandi Nizampur City Municipal
                       Corporation & Ors.                        ...Respondents
                                                   ...
                       Mr. Anand Pai a/w Mr. Roshan Reji, Mr. Sushant Patale, Ms.
                       Neha & Ms. Lavanya Panicker i/by Mhatre Law Associates, for
                       the Petitioner.

                       Ms. Tanu N. Bhatia, for the Respondent-Corporation.
                                                     ...

                                     CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
                                             ADVAIT M. SETHNA, J.

                                        DATE : 5th OCTOBER, 2026.

                       P.C.:
                       1.         The instant Writ Petition is preferred inter alia for

                       following substantial reliefs :-

                                  “a) This Hon'ble Court be pleased to issue a writ of
                                  mandamus or a writ in the nature of mandamus or any
                                  other appropriate writ, order under Article 226 of the
                                  Constitution of India, directing the Respondent No.1
                                  through its competent authority to issue a Work
                                  Completion Certificate in favour of the Petitioner for the
                                  period 01.05.2022 to 13.03.2024 certifying the contract
                                  details, period of execution, quantum/nature of work, cost
                                  of work done, total no. of household through door to door
                                  collection, vehicles supply, supply of labour, length of drain
                                  cleaning, length of road swiping, total population and
                                  satisfactory performance, so as to enable the Petitioner to
                                  use the same for participation in tenders floated by other
                                  public authorities, within 7 (seven) days or such other time
                                  as this Hon'ble Court may determine.
                                  b) This Hon'ble Court be pleased to issue a writ of


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              mandamus or a writ in the nature of mandamus or any
              other appropriate writ, order under Article 226 of the
              Constitution of India, directing the Respondents to
              forthwith comply with Clause 15 and Clause 16 of the
              Concession Agreement dated 11/04/2022, granting the
              Petitioner an opportunity of personal hearing of filing its
              written submissions and thereafter pass a reasoned
              speaking final order on the disputes within a time bound
              period to be fixed by this Hon'ble Court.”



2.            At the outset, learned Counsel for the Corporation

submits   that       even   though        the   Draft   Work   Completion

Certificate is issued as per the Petition/paper-book (at page

No. 134), there is certain information as required by the

Respondent-Corporation, which needs to be furnished by the

Petitioner.

3.            Be that as it may. We find that against the

termination       order,    the   Petitioner      has    already     invoked

jurisdiction of the competent Civil Court, by filing a Regular

Civil Suit No. 344 of 2024, which is stated to be pending.

However, she fairly submits that for the work which was

completed, Work Completion Certificate is to be provided for

that period.

4.            Considering the factual situation as emerged before

us and the Draft Work Completion Certificate as indicated in

the Petition/paper-book (at page No.134), we find that as per



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the communication dated 29th October, 2025 issued by the

Respondent-Corporation, the Petitioner has in fact worked for

23 months as stated therein. In case, there is any shortfall of

information, we expect necessary communication to be made

within three days from the date of production of this Order by

the Petitioner before the Respondent-Corporation and three

days thereafter Petitioner shall furnish the entire details in lieu

of the said Notice issued by the Corporation. In the event this

exercise is completed, we expect that Work Completion

Certificate be issued within a week’s time thereafter, to the

Petitioner.

5.            With the aforesaid directions, Writ Petition is

Disposed Of.

6.            We further observe that we have not adverted on

merits of the matter.




[ADVAIT M. SETHNA, J.]                         [CHIEF JUSTICE]




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