Disposed

Spoorthy Integrated Solutions (I) Private Ltd. v. Kidwai Memorial Institute of Oncology (K M I O)

Karnataka HC21 Feb 2024WP/2294/2024

Case brief

AI extract

What is this about?

A contractor sought completion of stalled outsourced manpower tenders (security, housekeeping, safai services) floated by an oncology institute that had not been concluded seven months after notification. The court directed the institute to take a decision on the tenders by 11.03.2024 and disposed of the petition.

What the court decided

AI extract

Spoorthy Integrated Solutions (I) Private… — Public Procurement and Tenders | Karnataka HC (2024)

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NC: 2024:KHC:7423 WP No. 2294 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 21^ST DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 2294 OF 2024 (GM-TEN)

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BETWEEN:

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SPOORTHY INTEGRATED SOLUTIONS (I) PRIVATE LTD., REPRESENTED BY ITS CEO SRI. T. N. GANGADHAR NO.880, 1^ST FLOOR 60 FEET MAIN ROAD 'D GROUP' LAYOUT SRIGANDHADAKAVAL BENGALURU - 560 091 EMAIL:[email protected]

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…PETITIONER

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(BY SRI. HARSHAVARDHAN., ADVOCATE)

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AND:

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Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA

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KIDWAI MEMORIAL INSTITUTE OF ONCOLOGY (K M I O) AN INSTITUTE OF MEDICAL EDUCATION AND HOSPITAL OF GOVT. OF KARNATAKA DR. M. H. MARIGOWDA ROAD LAKKASANDRA, HOMBEGOWDA NAGAR BANGALORE 560 029 REPRESENTED BY ITS DIRECTOR.

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THE DIRECTOR KIDWAI MEMORIAL INSITUTUTE OF ONCOLOGY DR. M H MARIGOWDA ROAD BANGALORE 560 029

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…RESPONDENTS

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(BY SRI. ARAVIND V CHAVAN., ADVOCATE)

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NC: 2024:KHC:7423 WP No. 2294 of 2024

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THIS WP IS FILED UNDER ARTCLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE R2 TO COMPLETE ALL THE REMAINING TENDER PROCEDURES OF THE TENDERS DETAILED BELOW, AT THE EARLIEST, WITHIN A WEEK, BY ALLOWING THIS WRIT PETITION (i) TENDER NO.KMIO/SM(1)/TENDER/MANPOWER/379/2023-24, DATED 04.09.2023, CALL-2, E PORTAL REFERENCE NO.DME/202324/SE0072, CALLED FOR PROVIDING MANPOWER SERVICES OF SECURITY SERVICE AT K.M.I.O, BENGALURU, ON OUTSOURCED BASIS, WHICH IS AT ANNEXURE-B2 AND ETC,.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner is before this Court seeking the following

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prayers:

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" (A) Issue a Writ of mandamus or any other writ directing the Respondent No.2 to complete all the remaining Tender procedures of the tenders detailed below, at the earliest, within a week, by allowing this writ petition:

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(i) Tender No. KMIO / SME (1) / TENDER

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/ MANPOWER / 379 /2023-24, dated

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NC: 2024:KHC:7423 WP No. 2294 of 2024

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04.09.2023, Call - 2, E portal reference No. DME/2023-24/SE0072, called for providing Manpower Services of Security Service at K.M.I.O., Bengaluru, on outsourced basis, which is at Annexure

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B-2.

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(ii) Tender No. KMIO/ SME(1)/ TENDER/ MANPOWER / 380 / 2023-24, dated 04.09.2023, Call -2, E portal reference No. DME/2023-24/SE0073, called for providing Manpower Service of House Keeping to K.M.I.O., Bengaluru, on outsourced basis, which is at Annexure

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C-2.

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(iii) Tender No. KMIO/ SME(1)/ TENDER/ MANPOWER/ 389/2023-24, dated 04.09.2023, Call-2, E portal reference No. DME/2023-24/SE0074, called for

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providing Manpower Service of Safai Karmachari & Security Services at VTSM PCC, Kalburgi, on outsourced basis, which is at Annexure D-2.

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(iv) Tender No. KMIO/ SME (1)/ TENDER/ MANPOWER/ 402/2023-24, dated 05.09.2023, E portal reference No. DME/2023-24/SE0076, called for

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NC: 2024:KHC:7423 WP No. 2294 of 2024

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providing Manpower Service Group B and C to K.M.I.O. Bengaluru on outsourced basis, which is at Annexure E-2.

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(v) Tender No. KMIO/ SME (1)/ TENDER/ MANPOWER/ 407/2023-24, dated 04.09.2023, E portal reference No. DME/2023-24/SE0075, called for

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providing Manpower Service of House Keeping Services (Sanitary) for Hospital Toilet Cleaning at K.M.I.O. Bengaluru, on outsourced basis, which is at Annexure F-2.

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(B) Issue a Writ or any other nature of Writ or order or direction and grant such other relief in favor of the Petitioner as deem fit in the circumstances of the case in the ends of justice and equity."

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The learned counsel for the petitioner had submitted that the tender that was notified on 05.09.2023 is not taken to its logical conclusion, despite passage of seven months after notification of tender.

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NC: 2024:KHC:7423 WP No. 2294 of 2024

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The learned counsel - Sri. Aravind C.Chavan,

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representing the respondent - institute would submit that there was some problem with the post of director and the problem is now sorted, therefore, he would need ten days time to take the subject tender to its logical conclusion.

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The learned counsel for the petitioner submits that the ensuing elections will take away the right of the petitioner as is declaring to be 'L-1'.

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In the light of the said submission and contra submission, I deem it appropriate to dispose the writ petition with a direction to the respondent - institute of Oncology, to conclude and take a decision on or before 11.03.2024.

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With the aforesaid observation, the writ petition stands disposed off.

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Sd/JUDGE

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List No.: 1 Sl No.: 16

Spoorthy Integrated Solutions (I) Private Ltd. v. Kidwai Memorial Institute of Oncology (K M I O)

Case brief

What is this about?

What the court decided

Spoorthy Integrated Solutions (I) Private Ltd. v. Kidwai Memorial Institute of Oncology (K M I O)

Case brief

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