The High Court closed this writ petition after the Board informed it that the petitioner's bid was accepted and they were called to sign a contract, rendering further orders unnecessary.
Directed respondents to withdraw request to the bank and incorporated acceptance letter into records.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN
TUESDAY, THE 4TH DAY OF FEBRUARY 2014/15TH MAGHA, 1935
WP(C).No. 2646 of 2014 (E)
PETITIONER(S):
M/S. LEENA POWERTECH ENGINEERS PRIVATE LTD., 13-15, GROUND FLOOR, SAI CHAMBERS, SECTOR II, CBD BELAPUR, NAVI MUMBAI - 400 614, REPRESENTED BY ITS HEAD -BUSINESS DEVELOPMENT MR.SAURABH KAUNDINYA.
BY ADVS.SRI.BECHU KURIAN THOMAS SRI.PAUL JACOB (P)
RESPONDENT(S):
1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHYUTHI BHAVAN, THIRUVANANTHAPURAM 695 001.
2. CHIEF ENGINEER (DISTRIBUTION SOUTH), KERALA STATE ELECTRICITY BOARD, POWER HOUSE BUILDINGS, THIRUVANANTHAPURAM 695 001.
3. THE DIRECTOR
4. STATE BANK OF INDIA, TRADE FINANCE CPC, MUMBAI, MAFTHLAL CHAMBERS, IST FLOOR, CD WING, NM JOSHI MARG, LOWER PAREL, MUMBAI 400 013, REPRESENTED BY ITS MANAGER.
R1 TO R3 BY ADV. SRI.T.R.RAJAN,SC,K.S.E.B. SRI.JAICE JACOB,SC, K.S.EB. R4 BY ADV. SRI.R.S.KALKURA, SC, SBI
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-02-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Kss
WP(C).No. 2646 of 2014 (E)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 COPY OF THE TENDER NOTICE DATED 12/3/2013 EXHIBIT P2 COPY OF THE BANK GUARANTEE DATED 28/6/2013 EXHIBIT P3 COPY OF THE NOTICE DATED 3/10/2013 EXHIBIT P4 COPY OF THE LETTER DATED 11/10/2013 EXHIBIT P5 COPY OF THE NOTICE DATED 18/12/2013 EXHIBIT P6 COPY OF THE NOTICE DATED 23/12/2013 EXHIBIT P7 COPY OF THE MINUTES OF THE MEETING ON 1/1/2014 EXHIBIT P8 COPY OF THE MINUTES OF THE MEETING DATED 17/1/12014 EXHIBIT P9 COPY OF THE NOTICE DATED 20/1/2014 EXHIBIT P10 COPY OF THE NOTICE DATED 23/1/2014 EXHIBIT P11 COPY OF THE LETTER DATED 25/1/2014 EXHIBIT P12 COPY OF THE LETTER DATED 27/1/2014
RESPONDENT(S)' EXHIBITS
P.N.RAVINDRAN, J.
W.P.(C).No.2646 of 2014
Dated this the 4th day of February, 2014
JUDGMENT
Pursuant to Ext.P1 tender notice issued by the Kerala State Electricity Board (hereinafter referred to as the Board for short) the petitioner submitted a bid dated 28.6.2013. The case set out in the instant writ petition was that though the price bid was opened on 7.10.2013 and the bid submitted by the petitioner was found to be the lowest, the Board has, without accepting the bid, called upon the petitioner to extend the validity of the tender documents for a further period of three months from 7.2.2014 and also to extend the validity of the bank guarantee furnished by the petitioner for the earnest money deposit. The main contention raised in the writ petition is that the validity of the tender documents is restricted to 180 days from the date of opening of the pre-qualification bid and 120 days from the date of opening of the price bid and therefore the Board cannot call upon the petitioner to extend the validity of the tender documents or the validity of the bank guarantee beyond the said period.
W.P(C)No.2646/2014
-:2:-
Sri.T.R.Rajan, learned standing counsel appearing for the Board handed over to me a copy of letter No.CEDS/AE1/RAPDRP/201314/1431 dated 1.2.2014 sent by the second respondent to the petitioner informing the petitioner that the petitioner's bid has been accepted by the Board and calling upon the petitioner to submit performance security and sign a contract agreement within 15 days from the date of the said letter. In the light of the said development I am of the opinion that no further orders are called for in this writ petition, except to direct the respondents to withdraw the request sent to the Manager, State Bank of India, Trade Finance Centralised Processing Centre, Mafatlal Chambers, 1st Floor, CD Wing, N.M.Joshi Marg, Lower Parel, Mumbai in letter No.CE(DS)/AE1/RAPDRP/2013-14 dated 30.1.2014 and with the observation that the rights of parties would now stand governed by the terms of the tender notice and the terms of the letter of acceptance. The letter of acceptance dated 1.2.2014 shall be incorporated in the records.
The writ petition is closed with the above direction/ observation.
P.N.RAVINDRAN, Judge.
ahg.
P.N.RAVINDRAN, J.
W.P.(C).No.2646 of 2014
JUDGMENT
4th February, 2014
M/s. Leena Powertech Engineers Private Ltd.
The Kerala State Electricity Board
State Bank of India
P.N. Ravindran
As recorded by the court registry
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