Mumbai: The sessions court, while rejecting anticipatory bail to retired executive engineer Prakash Krishna Tayshete, stated in its detailed order that he prima facie played a role in setting tender conditions for use of machines in Mithi river desilting to favour Matprop Technical Services Pvt Ltd, resulting in a loss to the BMC.
Tayshete had approached the sessions court on May 19, claiming he had no involvement in the case. While the court rejected his plea on Saturday, it granted him interim protection from arrest for two weeks to allow him time to approach the high court.
It was argued that Tayshete’s involvement in the Mithi river desilting project was limited to visits to Kerala and Delhi to observe demonstrations and inspect the proposed stilt pushing pontoon machine (SPPM) and multipurpose amphibious pontoon machine (MAPM)/Truxor.
The prosecution had, however, objected to his plea contending that the reports were written in a manner to insert conditions of use of SPPM and MAPM in desilting work. Besides, the expenses for the visit of Tayshete and other BMC officials were borne by Ketan Kadam, CEO of Virgo Specialties Pvt Ltd and Wooder India.
The sessions judge, Nitin Gangadhar Shukla had observed, “It is pertinent to note that, at the time of visit of the applicant and other officers of BMC to Delhi and Kerala, terms and conditions of use of said machines in desilting work was not approved by the higher officer of BMC. In Spite of that, bearing expenses of the visit and stay of the BMC officers by Kadam, prima facie shows that there was hand-in-glove amongst BMC officers and Kadam for inserting the terms and conditions of use of machines”.
The court added, “After visit to Delhi and Kerala, three reports were submitted for inserting terms and conditions in the tender for use of SPPM and MAPM, which were to be supplied by Matprop Technical Services.
The court further said that in the first report submitted on November 4, 2020, the rate of desilting material including transportation and disposal was raised. Hence the court said Tayshete cannot escape the liability of raised rates.
Pre-arrest bail to Matprop directors
The sessions court On Monday granted anticipatory bail to Dipak Mohan and Kishore Menon, directors of Matprop Technical Services Pvt Ltd.
The directors stated that their technology was showcased at a seminar on Mithi river rejuvenation at Mumbai University, where the then MMRDA commissioner, present as chief guest, recommended presenting it to the BMC. They said the technology was well-received by officials, which led to its adoption.
They further claimed that BMC chose to procure the machines through independent contractors rather than directly, prompting the issuance of tenders. The firm denied any involvement in framing the tender terms and conditions.
