The petitioner sought to re-open an online tender for bleaching powder, claiming website defects prevented submission. The Court held the petition was highly belated as bids were being opened and dismissed it to avoid prejudice to third parties.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE ANTONY DOMINIC
TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932
WP(C).No. 6701 of 2011(K)
PETITIONER(S): ---------------
KUNNATH CHEMICALS PVT. LIMITED, (COMPANY REGISTERED UNDER COMPANIES ACT),HAVING REGD.OFF:AT V/776,DEVELOPMENT AREA,EDAYAR,MUPPATHADAM.P.O., ERNAKULAM DIST. REP. BY ITS MANAGING DIRECTOR,.T.B.HASHIM,AGED 62,S/O.T.O.BAVA, THARAKANDATHIL HOUSE,THOTTUMMUGHAM,ALUVA.
BY ADV. SRI.P.M.MOHAMMED SHIRAZ
RESPONDENT(S):
SC SRI. M. DINESH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC, J.
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W.P.(C) NO.6701 OF 2011(K)
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Dated this the 8th day of March, 2011
J U D G M E N T
The first respondent issued Ext.P1 re-tender notice inviting tenders for the supply of bleaching powder. Tenders wee to be submitted by E mail. The last date for submitting tenders was on 27.1.2011. According to the petitioner due to the technical defects in the web site of the first respondent he could not upload his tender. Complaining of the above he submitted Ext.P4 complaint dated 28.1.2011. Despite this nothing was done and that led the petitioner to file this writ petition on 3.3.2011.
WPC.No. 6701/2011
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27.1.2011 technical bids were opened and evaluated on 30.1.2011 and price bids are to be opened today. Therefore, at this stage if this court issued any order that will upset the whole
proceedings and will affect the right of the third parties.
Writ Petition fails and is dismissed.
(ANTONY DOMINIC) JUDGE
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2 issues framed by the court
Whether an online public tender process petition should be re-opened after the closing date due to website issues preventing submission.
Whether granting interim relief would affect third parties' rights and upset the entire tender process.
KUNNATH CHEMICALS PVT. LIMITED
KERALA WATER AUTHORITY
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
