The High Court held that the petitioner's 2013 tender deposit must be adjusted against the 2015 tender deposit and approved immediate execution of the agreement to run the light refreshment stall.
The petitioner's deposit adjusted; execution of agreement directed within one month; representation on excess deposit noted.
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 V.CHITAMBARESH
FRIDAY, THE 20TH DAY OF MARCH 2015/29TH PHALGUNA, 1936
WP(C).No. 7305 of 2015 (K)
PETITIONER(S):
SAFWAN K.E., AGED 26 YEARS S/O.IBRAHIM, KUNNAPPULLY HOUSE, AKALUR P.O. OTTAPALAM, PALAKKAD - 679 302.
BY SENIOR ADVOCATE SRI.S.V.BALAKRISHNA IYER BY ADVS.SRI.P.B.KRISHNAN
SRI.P.M.NEELAKANDAN SRI.P.B.SUBRAMANYAN SRI.SABU GEORGE SRI.S.NITHIN (ANCHAL)
RESPONDENT(S):
R BY SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 7305 of 2015 (K)
APPENDIX
PETITIONER(S)' EXHIBITS
P1- DATED 1.4.2013, TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT
P2- DATED 22.5.2013, TRUE COPY OF THE RECEIPT, BEARING NO.8226
P3- DATED 22.5.2013, TRUE COPY OF THE RECEIPT, BEARING NO.8227
P4- DATED 5.4.2013, TRUE COPY OF THE MEMORANDUM NO.ES.1-010958/11
P5- DATED 16.12.2014, TRUE COPY OF THE REPRESENTATION
P6- DATED 3.3.2015, TRUE COPY OF THE NOTICE NO.ES 3/030147/12
RESPONDENT(S)' EXHIBITS : NIL.
//TRUE COPY//
P.S. TO JUDGE.
V.CHITAMBARESH, J.
The petitioner is the successful bidder of the right to run light refreshment stall in the Palakkad Depot of the Kerala State Road Transport Corporation. The petitioner was the successful bidder not only in the tender conducted in the year 2013 but also in the tender conducted in the year 2015. But then the tender conducted in the year 2013 was not followed up by an agreement and the right to conduct the light refreshment stall conferred on the petitioner.
the petitioner when he was declared as the successful bidder in the tender conducted in the year 2013. The amounts so deposited is liable to be given credit to for the deposits to be made by the petitioner as the successful bidder of the tender in the year 2015. The petitioner has submitted a representation to the Kerala State Road Transport Corporation stating that the amounts will have to be reimbursed to him after adjustment since he has deposited a further sum of ` 1,80,000/- now. Any such representation shall be
W.P (C) No.7305/2015
2
considered with notice to the petitioner and the adjustment made so that all the remittances made for the bid in the year 2013 by the petitioner is given credit to towards the amount to be remitted as the successful bidder in the year 2015. Needless to say that the agreement following shall be executed without delay and the petitioner conferred the right without repeating the omission that occurred for the bid in the year 2013. The needful shall be done within a period of one month from the date of receipt of a copy of this judgment.
The Writ Petition is disposed of.
Sd/V.CHITAMBARESH, Judge.
nj.
3 issues framed by the court
Whether the substantial amount deposited by the petitioner in the failed 2013 tender should be adjusted against the deposit required for the 2015 tender.
Whether the right to run the light refreshment stall should be conferred on the petitioner without repeating the prior omission.
Whether the petitioner should be reimbursed for the further sum of ₹1,80,000 deposited in the 2015 tender.
Safran K.E.
The Kerala State Road Transport Corporation
The District Transport Officer
The Assistant Transport Officer
V.CHRISTAMBARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
