• Plot alloted under auction to unregistered partnership firm

I am one of the partner of the unregistered partnership firm. And I am also the adjacent plot holder of the same plot. MIDC has given me first right of refusal to adjacent plot holders in this auction. I claimed the plot under first right of refusal . Minister of Industry and chairman MIDC issued the order to allot me Tender under ROFR for highest bided rate. But MIDC Officers alloted plot to Partnership firm the highest bider. MIDC Officers took legal opinion from their advisors under bogus inputs to defeat my order of the Minister that I have taken objection to ROFR and withdrawn it subsequently after 2 weeks and then tenders were opened. So Legal advisor of MIDC Advised that I have surrendered my ROFR and cannot claim due to Doctrine of Estopel. I have all proofs regarding the same. But finally MIDC Officers issued allotment letter to partnership firm. Under what article I should move HC and  my writ will be maintained. Thanks
Asked 1 year ago in Business Law from Mumbai, Maharashtra
1) it is your case that order was passed for allotment of plot to you by chairman of MIDC 

2) in flagrant violation of order plot has been allotted to partnership firm 

3) in such a case you have to file writ in Bombay HC  under article 226 of constitution  challenging allotment of plot to partnership firm in flagrant violation of order passed by chairman 

4)before doing so file RTI application with MIDC and obtain legal advisor opinion on basis of which MIDC officials alloted plot to partnership firm 

5) you have to rebut each and every statement made in legal  advisor opinion . prove opinion is faulty and based on false assumptions and presumptions  that you had never surrendered your ROFR 

6) whether you will succeed or not can be advised only after going through the various documents cited by you
Ajay Sethi
Advocate, Mumbai
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what basis you say tender is technically invalid? 

under provisions of indian partnership act unregistered firm cannot sue but can be sued 

you will have to challenge the allotment of plot to the firm if it is in flagrant violation of technical specifications laid down
Ajay Sethi
Advocate, Mumbai
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1. It appears that MIDC has not complied with the terms of allotment though i am yet to peruse its terms.

2. if it indeed violated such terms as is appearing from your query you can challenge such allotment in high court.

3. The challenge lies vide Mandamus Writ Application under Article 226 of the Constitution of India.

4. You can take plea of invalidity of partnership firm as well in the same writ petition.
Devajyoti Barman
Advocate, Kolkata
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54 Consultations
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Writ application under Article 226 of the Constitution of India can be filed by you in your individual capacity and not as a partner of the firm.
Devajyoti Barman
Advocate, Kolkata
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54 Consultations
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Since the techniligal eligibility criteria have not been fulfilled midc had no business in alloting plot to the un regd firm . File writ under article 226 of constitution before bombay high court
Ajay Sethi
Advocate, Mumbai
23364 Answers
1222 Consultations
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1. Whom did you apply claiming the plot under first right of refusal?

2. Have you received copy of the order/letter issued by   Minister of Industry and chairman MIDC to allot you the said  Tender under ROFR at highest bided rate?

3.  Have you withdrawn your said claim subsequently after 2 weeks? 

4. If no, then you can file a W.P. under article 229 of the Constitution of India before High Court  challenging the said allotment illegally to the partnership firm by  MIDC in violation to the order passed/letter issued by the Minister of Industry and chairman MIDC.
Krishna Kishore Ganguly
Advocate, Kolkata
12134 Answers
233 Consultations
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1. You have stated "Tender of partnership is technically invalid",

2. On what basis did you call it invalid?

3. File W.P. as advised in my earlier post challenging the said allotment by MIDC.
Krishna Kishore Ganguly
Advocate, Kolkata
12134 Answers
233 Consultations
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1. The allotment to the unregistered firm is faulty on the technical grounds mentioned by you,

2. The application submitted by the said unregistered partnership firm should have been rejected,

3. You should add this point also in the W.P. you have been advised to file against MIDC,

4. It is a good case to win.
Krishna Kishore Ganguly
Advocate, Kolkata
12134 Answers
233 Consultations
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