Petitioner challenged the initiation of a fresh tender after his statutory appeal against bid rejection was pending. Court stayed the tender process until the appeal's disposition, directing its conclusion within 30 days.
Fresh tender process stayed pending the statutory appeal, which must be concluded within 30 days.
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 23RD DAY OF OCTOBER 2018
BEFORE
THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV
WRIT PETITION NO.106077/2018 (GM-TEN)
BETWEEN
SUPRADA CONSTRUCTIONS PVT LTD., (FORMERLY KNOWN AS SUPRADA CONSTRUCTION CO.), NO.336, 2ND FLOOR, 7TH CROSS, 14TH MAIN, RMV EXTENSION, SADASHIVANAGAR, BANGALORE 560080. REP BY SRI NARAYAN. M. SHETTY, MANAGING DIRECTOR. …PETITIONER
(BY SRI. ANAND BAGEWADI, ADVOCATE FOR SRI SATISH S.RAICHUR, ADVOCATE)
A N D
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CAUVERY BHAVAN BENGALURU-560001
...RESPONDENTS
(BY SRI. M.KUMAR, AGA FOR R1-R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR ENTIRE RECORDS OF CC PROCURMENT NO.RWSSD/2017-18/WS/WORK-INDENT16241/CALL-2 DATED 06.08.2018 AND PRE BID MEETING NO.RDP/310/RWS & SD/2017-18/1086 DATED:07.09.2018 FROM THE 1ST RESPONDENT VIDE ANNEXURE-A AND B; AND QUASH THE CC PROCUREMENT NO.RWSSD/201718/WS/WORK-INDENT16241/ CALL-2 DATED 06.08.2018 AND PRE BID MEETING NO.RDP/310/RWS & SD/201718/1086 DATED:07.09.2018 CALLED BY THE 1ST RESPONDENT VIDE ANNEXURE-A AND B.
THIS WRIT PETITION COMING ON FOR ORDERSTHIS DAY, THE COURT, MADE THE FOLLOWING:
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ORDER
The petitioner had submitted his bid in the tender pursuant to the invitation of bids by the 1st respondent. Being aggrieved by the rejection of his bid petitioner has filed a statutory appeal. In the meanwhile pending adjudication of the statutory appeal the 5th respondent has sought to re-tender, which action has been assailed in the present petition.
all that could be stated at this stage is that the statutory appeal has to be disposed of and till then, the steps taken as regards the fresh tender is to be kept in abeyance pending the result of the appeal. The tender process could resume after conclusion of the statutory appeal. In the
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event the statutory appeal is allowed and the rejection of the bid of the petitioner is set aside, the respondent to initiate fresh tender process. The appeal of the petitioner is to be concluded within a period not later than 30 days. Accordingly, petition is disposed of.
Sd/JUDGE
Kms
3 issues framed by the court
Whether the tender process initiated by the 5th respondent should remain in abeyance pending the adjudication of the petitioner's pending statutory appeal.
Whether the petitioner's statutory appeal must be concluded within a specified period.
Whether the rejection of the petitioner's bid should be reconsidered if the statutory appeal is allowed.
Suprada Constructions Pvt Ltd.
Government of Karnataka
S. Sunil Dutt Yadav
As recorded by the court registry
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