Allowed

Kerala Medical Services Corporation Ltd. v. Atlantic Pharmaceuticals

Kerala HC1 Aug 2014RP/541/2014

Case brief

AI extract

What is this about?

The High Court allowed the review petition because the original judgment directing a petitioner to deposit a tender became unworkable due to a technical failure in the e-tendering system preventing bid retrieval. Consequently, the prior judgment was recalled and the writ petition was re-posted.

What did the court decide?

The review petition is allowed; the judgment dated 23.05.2014 is recalled; the writ petition is posted for hearing before the appropriate Bench.

Kerala Medical Services Corporation Ltd. Vs… — Contract and Commercial Disputes | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

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FRIDAY, THE 1ST DAY OF AUGUST 2014/10TH SRAVANA, 1936

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RP.No. 541 of 2014 () IN WP(C).5089/2014 ------------------------------------------

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IN WP(C) 5089/2014 of HIGH COURT OF KERALA

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BETWEEN PETITIONER/REVIEW PETITIONER(S):

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---------------------------------------

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KERALA MEDICAL SERVICES CORPORATION LTD., THYCAUD P.O, THIRUVANANTHAPURAM, PIN - 695 014, REPRESENTED BY ITS MANAGING DIRECTOR.

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BY ADV. SRI.M.AJAY,SC,KERALA MEDICAL SERV.CORPN

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AND RESPONDENTS/RESPONDENT(S):

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-----------------------------

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1. ATLANTIC PHARMACEUTICALS, 101, BUSINESS POINT 349, WESTERN EXPRESS HIGHWAY, ANDHERI EAST, MUMBAI - 400 069,

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REPRESENTED BY ITS AUTHORISED REPRESENTATIVE MR.LENIN D.JOHN.

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2. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN- 695 001.

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BY SENIOR GOVERNMENT PLEADER SRI.ABDUL SALAM. BY ADV. SRI.RANJITH XAVIER.

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THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 01-08-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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rvs/

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WP(C).No. 2348 of 2014 (P)

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APPENDIX

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PETITIONER(S)' ANNEXURES :

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-----------------------

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ANNEXURE I : A TRUE COPY OF THE LETTER NO DDFS/EPROC/5114/2014KSITM/3552 DATED 02/04/2014 SENT BY KERALA STATE INFORMATION TECHNOLOGY MISSION TO THE REVIEW PETITIONER.

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RESPONDENT(S)' ANNEXURES:

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-----------------------

NIL.

/true copy/

P.A.TO JUDGE

rvs/

A.M.SHAFFIQUE, J

*** * * * * * * * * * * * *** R.P.No.541 of 2014 in W.P.C.No.5089 of 2014

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Dated this the 1^st day of August 2014

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O R D E R

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Adv.Sri.Ranjit Xavier takes notice on behalf of the 1^st respondent. Learned Senior Government Pleader takes notice on behalf of the 2^nd respondent.

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Heard learned counsel appearing for the review petitioner as well as the learned counsel for the respondents.

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By judgment dated 23/05/2014, this Court had directed the 1^st respondent to consider the tender of the petitioner on the petitioner depositing Rs.27,750/- by way of demand draft. The writ petitioner has already deposited the said amount. But, it is now mentioned by the learned counsel for the review petitioner that the Kerala State Information Technology Mission, which is maintaining the e-tenders, is unable to retrieve the price bid of the petitioner

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R.P.No.541/2014 in W.P.C.No.5089/2014 2

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on account of the special system provided for e-tendering process. This has resulted in unworkability of the judgment of this Court.

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In these circumstances, I am of the view that since

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the judgment dated 23/05/2014 is not workable, as matters stand now, the matter has to be reheard.

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Accordingly, the review petition is allowed. The judgment dated 23/05/2014 is recalled and the writ petition shall be posted for hearing before the appropriate Bench.

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(sd/-)

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(A.M.SHAFFIQUE, JUDGE)

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jsr

Kerala Medical Services Corporation Ltd. v. Atlantic Pharmaceuticals

Case brief

What is this about?

What did the court decide?

Kerala Medical Services Corporation Ltd. v. Atlantic Pharmaceuticals

Case brief

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