High Court dismissed two concurrent writ petitions filed by bicycle manufacturing companies challenging the rejection of their bids and the acceptance of rival bids in a public tender. The court held that the petitions had become infructuous.
The writ petitions were dismissed as having become infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON’BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT PETITION No.17772/2015 (GM-TEN) C/W WRIT PETITION No.13141/2015 (GM-TEN)
IN W.P. No.17772/2015
BETWEEN:
S.K. BIKES PVT. LTD., A COMPANY REGISTERED UNDER THE COMPANIES REGISTRATION ACT HAVING ITS REGISTERED OFFICE AT D-233-234 OCAL POINT, LUDHIANA, REPRESENTED BY ITS AUTHORIZED SIGNATORY NILESH S. SHAH. ... PETITIONER
(BY SMT. PRAMILA NESARGI, SENIOR COUNSEL FOR SRI HEMANTH KUMAR D., ADVOCATE)
AND:
BY DEPARTMENT OF PUBLIC INSTRUCTION, OFFICE OF THE COMMISSIONER, NEW PUBLIC OFFICES, NRUPATHUNGA ROAD, BANGALORE – 560 001 BY ITS COMMISSIONER.
NRUPATHUNGA ROAD, BANGALORE – 560 001.
(BY SRI B.V. KRISHNA, ADDL. GOVT. ADVOCATE FOR R-1 AND R-2; SRI K. PUTTEGOWDA, ADVOCATE FOR R-3 AND R-4; SRI CHETHAN K., ADVOCATE FOR R-5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE REJECTION OF THE BID SUBMITTED BY THE PETITIONER COMPANY TO THE TENDER DATED 16.12.2014 INVITED BY THE R-1 & 2 AND DIRECT THE RESPONDENTS TO CONSIDER THE BID SUBMITTED BY THE PETITIONER COMPANY ARESH ANNEXURE-C; AND CALL FOR RECORDS AND QUASH THE ACCEPTANCE OF THE BIDS SUBMITTED BY THE R-3, 4 & 5 TO THE TENDER DATED 16.12.2014 INVITED BY THE R-1 & 2.
IN W.P. No.13141/2015
BETWEEN:
HEO ECO TECH LTD., A COMPANY REGISTERED UNDER THE COMPANIES REGISTRATION ACT HAVING ITS REGISTERED OFFICE AT OKHLA INDUSTRIAL ESTATE,
PHASE-III, NEW DELHI – 110 020 REPRESENTED BY ITS AUTHORISED SIGNATORY NILESH S. SHAH. ... PETITIONER
(BY SMT. PRAMILA NESARGI, SENIOR COUNSEL FOR SRI HEMANTH KUMAR D., ADVOCATE)
AND:
(BY SRI B.V. KRISHNA, ADDL. GOVT. ADVOCATE FOR R-1 AND R-2; SRI K. PUTTEGOWDA, ADVOCATE FOR R-3 AND R-4; SRI CHETHAN K., ADVOCATE FOR R-5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE REJECTION OF THE BID SUBMITTED BY THE PETITIONER COMPANY TO THE TENDER DATED 16.12.2014 INVITED BY THE R-1 & 2 AND DIRECT THE RESPONDENTS TO CONSIDER THE BID SUBMITTED BY THE PETITIONER COMPANY AFRESH; AND CALL FOR RECORDS AND QUASH THE ACCEPTANCE OF THE BIDS SUBMITTED BY THE R-3, 4 & 5 TO THE TENDER DATED 16.12.2014 INVITED BY THE R-1 & 2.
THESE WRIT PETITIONS COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R
Learned senior counsel, Smt. Pramila Nesargi, appearing through video conference on behalf of Sri Hemanth Kumar D., learned counsel for the petitioner, submits that the writ petition has become infructuous.
as having become infructuous.
SD/JUDGE
S*
2 issues framed by the court
Whether the petitioner's writ petitions challenging the rejection of their bid and the acceptance of rival bids in a public tender have become infructuous.
Whether Articles 226 and 227 of the Constitution of India can be invoked to quash the tender process outcome in the circumstances of the case.
S.K. BIKES PVT. LTD.
STATE OF KARNATAKA
HERO CYCLES LTD.
AVON CYCLES LTD.
TI CYCLES OF INDIA
S. K. HEMALEKHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
