Five writ petitions challenged the rejection of technical bids in a State tender for supply of veterinary drugs, chemicals and miscellaneous items. By the time of hearing, bids had been finalised and contracts awarded to twenty-four persons, whose work was completed; the court dismissed all petitions as infructuous.
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NC: 2024:KHC:20964 WP No. 21440 of 2017 C/W WP No. 18775 of 2017 WP No. 18776 of 2017 WP No. 20621 of 2017 WP No. 20622 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 21440 OF 2017 (GM-TEN) C/W
WRIT PETITION NO. 18775 OF 2017 (GM-TEN), WRIT PETITION NO. 18776 OF 2017 (GM-TEN), WRIT PETITION NO. 20621 OF 2017 (GM-TEN), WRIT PETITION NO. 20622 OF 2017 (GM-TEN)
IN WRIT PETITION NO. 21440 OF 2017:
BETWEEN:
M/S JOHNSON & SMITH CO., REP. ITS MANAGING DIRECTOR (PARTNER) ADMINISTRATIVE OFFICE: 14/2, N.S. IYENGAR STREET, SHESHADRIPURAM, BANGALORE-560 020.
…PETITIONER
Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA
(BY SRI. VIJAYA KUMAR, ADVOCATE)
AND:
NC: 2024:KHC:20964 WP No. 21440 of 2017 C/W WP No. 18775 of 2017 WP No. 18776 of 2017 WP No. 20621 of 2017 WP No. 20622 of 2017
VISHWESHWARAIAH MINI TOWER, DR. AMBEDKAR VEEDHI, BANGALORE-560 001.
…RESPONDENTS
(BY SMT. ADITI M.V., AGA FOR PROPOSED R3; R4 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS RELATING TO ISSUE OF IMPUGNED REJECTION OF TECHNICAL BID OF THE PETITIONER UPLOADED ON 1.5.2017 AT ANNEXURE-H OBTAINED FROM E-PORTAL ON 7.5.2017 AND AFTER PERUSING, SET ASIDE THE SAME; DIRECT RESPONDENTS TO PERMIT THE PETITIONER TO PARTICIPATE IN THE TENDER PROCESS PURSUANT TO THE TENDER NOTIFICATION DATED 11.1.2017 AT ANNEXURE-C AND CONSIDER HIS TENDER APPLICATION FOR SUPPLY OF THE 10 ITEMS AND AWARD THE CONTRACT IF OTHERWISE HE IS QUALIFIED IN THE TENDER PROCESS.
IN WRIT PETITION NO. 18775 OF 2017:
BETWEEN:
M/S SELLWELL PHARMACEUTICALS LIMITED REGISTERED OFFICE 92, SECTOR-E, SANWER ROAD, INDORE-452 018, MADHYA RADESH REPRESENTED BY IS DIRECTOR SRI. KAMAL KARAM CHANDANI.
…PETITIONER
(BY SRI. MANJUNATH PRASAD H.N., ADVOCATE)
AND:
…RESPONDENTS
(BY SMT. ADITI M.V., AGA FOR R1 TO R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 02.06.2017 PRODUCED AS ANNEXURE-J, PASSED BY THE RESPONDENT NO.2, IN THE ENDS OF JUSTICE AND EQUITY AND CONSEQUENTLY, DIRECT THE RESPONDENTS TO REDO THE WHOLE PROCESS OF TENDER FROM THE STAGE OF TECHNICAL EVALUATION STRICTLY IN ACCORDANCE WITH LAW; DIRECT THE R-2 AND 3 TO CONSIDER THE FINANCIAL BID QUOTED BY THE PETITIONER AND ETC.
NC: 2024:KHC:20964 WP No. 21440 of 2017 C/W WP No. 18775 of 2017 WP No. 18776 of 2017 WP No. 20621 of 2017 WP No. 20622 of 2017
IN WRIT PETITION NO. 18776 OF 2017:
BETWEEN:
…PETITIONERS
(BY SRI. MANJUNATH PRASAD H.N., ADVOCATE)
AND:
SERVICES & THE CHAIRMAN, TENDER SCRUTINY COMMITTEE, V.V. MINI TOWERS, DR. AMBEDKAR VEEDHI, BENGALURU-560 001.
…RESPONDENTS
(BY SMT. ADITI M.V., AGA FOR R1 TO R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 26.05.2017 PRODUCED AS ANNEXURES-E AND F, PASSED BY THE RESPONDENT NO.2, IN THE ENDS OF JUSTICE AND EQUITY AND CONSEQUENTLY, DIRECT THE RESPONDENTS TO REDO THE WHOLE PROCESS OF TENDER FROM THE STAGE OF TECHNICAL EVALUATION STRICTLY IN ACCORDANCE WITH THE TERMS OF THE TENDER AND ETC.
IN WRIT PETITION NO. 20621 OF 2017:
BETWEEN:
M/S. SYMBIOSIS PHARMACEUTICALS PVT LTD REP. ITS AUTHORIZED SIGNATORY, SUKETI ROAD, KALA AMB-173030 SIRMOUR DISTRICT, HIMACHAL PRADESH.
…PETITIONER
(BY SRI. VIJAYA KUMAR, ADVOCATE)
AND:
NC: 2024:KHC:20964 WP No. 21440 of 2017 C/W WP No. 18775 of 2017 WP No. 18776 of 2017 WP No. 20621 of 2017 WP No. 20622 of 2017
VETERINARY SERVICES, VISHWESHWARAIAH MINI TOWER, DR. AMBEDKAR VEEDHI, BANGALORE-560 001.
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS RELATING TO ISSUE OF IMPUGNED REJECTION OF TECHNICAL BID OF THE PETITIONER DATED 1.5.2017 (ANNEXUREF) OBTAINED FROM E-PORTAL AND AFTER PERUSING, SET ASIDE THE SAME; DIRECT THE RESPONDENTS TO PERMIT THE PETITIONER TO PARTICIPATE IN THE TENDER PROCESS PURSUANT TO THE TENDER NOTIFICATION DATED 11.1.2017 (ANNEXURE-C) AND CONSIDER HIS TENDER APPLICATION FOR SUPPLY OF THE 17 ITEMS AND AWARD THE CONTRACT IF OTHERWISE HE IS QUALIFIED IN THE TENDER PROCESS.
NC: 2024:KHC:20964 WP No. 21440 of 2017 C/W WP No. 18775 of 2017 WP No. 18776 of 2017 WP No. 20621 of 2017 WP No. 20622 of 2017
IN WRIT PETITION NO. 20622 OF 2017:
BETWEEN:
M/S. SUNVET PHARMA PVT LTD REP. ITS AUTHORIZED SIGNATORY VILLAGE: MOGINAND, NAHAN ROAD, KALA AMB-173 030 SIRMOUR DISTRICT HIMACHAL PRADESH.
…PETITIONER
(BY SRI. VIJAYA KUMAR, ADVOCATE)
AND:
…RESPONDENTS
(BY SMT. M.V. ADITI, AGA FOR R1 & R2; SRI./SMT. MANASI KUMAR, ADVOCATE FOR PROPOSED R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS RELATING TO ISSUE OF IMPUGNED REJECTION OF TECHNICAL BID OF THE PETITIONER DATED 1.5.2017 (ANNEXUREE) OBTAINED FROM E-PORTAL AND AFTER PERUSING, SET ASIDE THE SAME; DIRECT THE RESPONDENTS TO PERMIT THE PETITIONER TO PARTICIPATE IN THE TENDER PROCESS PURSUANT TO THE TENDER NOTIFICATION DATED 11.1.2017 (ANNEXURE-B) AND CONSIDER HIS TENDER APPLICATION FOR SUPPLY OF THE 17 ITEMS AND AWARD THE CONTRACT IF OTHERWISE HE IS QUALIFIED IN THE TENDER PROCESS AND ETC.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In all petitions, the tender issued by the respondents seeking supply of drugs, chemicals and miscellaneous items is impugned in these petitions.
NC: 2024:KHC:20964 WP No. 21440 of 2017 C/W WP No. 18775 of 2017 WP No. 18776 of 2017 WP No. 20621 of 2017 WP No. 20622 of 2017
two years, and the bid having been finalized and contracts have been awarded to 24 persons, the work entrusted to the successful bidder having been completed, the relief sought for in these petitions does not survive for consideration. Accordingly, the petitions stand dismissed as having become infructuous.
Sd/JUDGE
BKM,SBN
1 issue framed by the court
Whether the writ petitions challenging rejection of technical bids in a tender for supply of drugs and chemicals survive after the tender process was completed and contracts awarded.
1 provisions across 1 enactments
M/S Johnson & Smith Co.
M/S Sellwell Pharmaceuticals Limited
M/S Ethicare Laboratories
Safecon Life Sciences
M/S. Symbiosis Pharmaceuticals Pvt Ltd
M/S. Sunvet Pharma Pvt Ltd
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
