Bombay High Court
SGDC INDIA PRIVATE LIMITEDversusCITY AND INDUSTRIAL DEVELOPMENT AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The petition is dismissed as withdrawn.
Summary
The petitioner, SGDC India Private Ltd., filed a writ petition under Article 226 seeking multiple directions including mandamus to cancel a tender award, set aside a rejection notice, open its bids, and stay further steps in an e‑tender for upgrading a golf course. The petition listed eight specific reliefs against CIDCO and other respondents. During the hearing, the petitioner’s counsel sought permission to withdraw the petition. The Court granted the withdrawal and dismissed the writ petition as withdrawn. No substantive merits of the reliefs were adjudicated.
Issues considered
- Whether the Court should entertain the petition seeking mandamus to cancel the tender award and set aside the rejection notice
- Whether the petitioner is entitled to an order directing the opening of its technical and financial bids
- Whether the petition can be withdrawn at the stage of hearing
Subjects
- writ petition
- mandamus
- Article 226
- tender cancellation
- withdrawal of petition
- public procurement
- civil appellate jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.9091 OF 2021
SGDC India Private Ltd., New Delhi .. Petitioner
Vs.
City & Industrial Development
Corporation of Maharashtra Ltd. & Ors. .. Respondents
Mr. Kunal S. Gaikwad, Advocate for the Petitioner.
Mr. G.S. Hegde, Senior Advocate, with Ms. P.M. Bhansali,
Advocate for Respondent No.1-CIDCO.
Mr. Himalaya Chaudhari, Advocate, i/by Maniklal Kher Ambalal &
Co., for Respondent No.3.
CORAM : SHREE CHANDRASHEKHAR, CJ. &
GAUTAM A. ANKHAD, J.
DATE : 4TH MARCH 2026.
P.C. :
By this petition, the petitioner seeks the following reliefs:
“A. That this Hon’ble Court be pleased to issue a writ of
mandamus or any other appropriate writ, direction and order
under Article 226 of the Constitution of India, 1950, thereby
directing the respondent no.1 to cancel the tender awarded in
favour or any communication in favour of respondent no.2
and or respondent no.3 for E-Tender bearing C.A.
No.06CIDCO/EE(WS)/2021-22 for upgradation of existing 9
hole Kharghar Valley Golf Course to 18 hole International
Standard Golf Course along with Driving Range at Kharghar,
Navi Mumbai;
B. That this Hon’ble Court be pleased to issue a writ of
mandamus or any other appropriate writ, direction and order
under Article 226 of the Constitution of India, 1950, thereby
directing the respondent no.1 to recall and set aside the
rejection notice sent via email dated 8th October 2021 issued
to the petitioner for E-Tender bearing C.A.
No.06/CIDCO/EE(WS)/2021-22 for upgradation of existing 9
hole Kharghar Valley Golf Course to 18 hole International
Standard Golf Course along with Driving Range at Kharghar,
Navi Mumbai;
C. That this Hon’ble Court be pleased to issue a writ of
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mandamus or any other appropriate writ, direction and order
under Article 226 of the Constitution of India, 1950, thereby
directing the respondent no.1 to open the technical and
financial bids of the petitioner for E-Tender bearing C.A.
No.06/CIDCO/EE(WS)/2021-22 for upgradation of existing 9
hole Kharghar Valley Golf Course to 18 hole International
Standard Golf Course along with Driving Range at Kharghar,
Navi Mumbai;
D. That this Hon’ble Court be pleased to issue a writ of
mandamus or any other appropriate writ, direction and order
under Article 226 of the Constitution of India, 1950, thereby
directing the respondent no.1 to cancel the technical and
financial bids of respondent no.2 for E-Tender bearing C.A.
No.06/CIDCO/EE(WS)/2021-22 for upgradation of existing 9
hole Kharghar Valley Golf Course to 18 hole International
Standard Golf Course along with Driving Range at Kharghar,
Navi Mumbai;
E. That in alternative to prayer clause (C), this Hon’ble Court be
pleased to appoint any independent person/authority to
conduct an inquiry and submit a report on the allegations
made by the petitioner against the respondent no.2 vis-a-vis
E-Tender bearing C.A. No.06/CIDCO/EE(WS)/2021-22 for
upgradation of existing 9 hole Kharghar Valley Golf Course to
18 hole International Standard Golf Course along with
Driving Range at Kharghar, Navi Mumbai;
F. That this Hon’ble Court be pleased to issue a writ of
mandamus or any other appropriate writ, direction and order
under Article 226 of the Constitution of India, 1950, thereby
directing the respondent no.1 to stay any further steps for E-
Tender bearing C.A. No.06/CIDCO/EE(WS)/2021-22 for
upgradation of existing 9 hole Kharghar Valley Golf Course to
18 hole International Standard Golf Course along with
Driving Range at Kharghar, Navi Mumbai;
G. That during the pendency of this writ petition, this Hon’ble
Court be pleased to direct the respondent no.1 not to issue
Notification of Award or Contract in favour of respondent
nos.2 and 3 in respect of Tender bearing C.A.
No.06/CIDCO/EE(WS)/2021-22;
H. Ad-interim relief in terms of prayer clauses (F) and (G) be
awarded in favour of the petitioner;
I. The costs of the writ petition.”
2. Mr. Kunal S. Gaikwad, the learned counsel for the petitioner,
on instructions, seeks permission to withdraw this writ petition.
3. Writ Petition no.9091 of 2021 is dismissed as withdrawn.
[ GAUTAM A. ANKHAD, J. ] [ CHIEF JUSTICE ]
Digitally signed
SNEHA by SNEHA
ABHAY DIXIT
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ABHAY Date:
2026.03.05
7-WP-9091-2021.doc Dixit
DIXIT 16:01:55
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