A contract awardee sought quashing of an appeal filed by a rival bidder before the State Appellate Authority, questioning the rival's locus standi. The court declined to decide and disposed of the petition, directing the Appellate Authority to hear the appeal within twelve weeks with all contentions left open.
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NC: 2024:KHC:12255 WP No. 7463 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 7463 OF 2024 (GM-TEN)
BETWEEN:
M/S. VENUS SURGICAL AGENCIES, A SOLE PROPRIETORSHIP CONCERN OFFICE AT: 10/1, 10/2, GROUND FLOOR, 1ST MAIN, MOUNT JOY EXTENSION, HANUMANTHA NAGAR, BENGALURU – 560 019. REPRESENTED BY ITS SOLE PROPRIETOR MR. VARUN AHUJA, AGED ABOUT 39 YEARS.
…PETITIONER
(BY SMT.LAKSHMY IYENGAR, SENIOR ADVOCATE FOR SRI. NIKHIL D KAMATH., ADVOCATE)
Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA
AND:
OFFICE AT B-35/8, G T KARNAL ROAD
INDUSTRIAL AREA, NEW DELHI – 110 033. ALSO AT PLOT NO.92, HSIIDC SECTOR-57, PHASE-4 KUNDLI, HARYANA. THROUGH ITS AUTHORISED PARTNER NITIN ANAND.
…RESPONDENTS
(BY SRI.K.S.HARISH, GOVERNMENT ADVOCATE)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR ENTIRE RECORDS IN APPEAL NO.HFW/284/FPR/2023 PENDING ADJUDICATION BEFORE THE R-1 (ANNX-A); DIRECT THE R-1 TO QUASH THE PROCEEDING IN APPEAL NO. HFW/284/FPR/2023 PENDING ADJUDICATION BEFORE THE R-1 (ANNX-A) AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court, seeking the following prayers:
NC: 2024:KHC:12255 WP No. 7463 of 2024
the Respondent No. 1 ("Annexure-A"), in the interest of justice and equity.
counsel appearing for the petitioner, Sri. K.S. Harish, learned Government Advocate appearing for the respondents and have perused the material on record.
All contentions urged in the present petition are kept open to be urged before the Appellate Authority.
Sd/JUDGE
SJK List No.: 1 Sl No.: 42
1 issue framed by the court
Whether proceedings in an appeal against award of a contract to the petitioner should be quashed, given the appellant's alleged lack of standing.
1 provisions across 1 enactments
M/S. Venus Surgical Agencies (reputed by its Sole Proprietor Mr. Varun Ahuja)
State of Karnataka, Department of Health and Family Welfare
M/s. Hardik Medi-Tech
M.Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
