Judgment clarifying that with the cancellation of the tender during the pendent of the writ petition, no relief survives and the petition is closed, leaving open the remedy to challenge the cancellation.
Writ petition is closed. Relief sought no longer survives as the tender was cancelled.
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 SHAJI P.CHALY
FRIDAY, THE 2ND DAY OF DECEMBER 2016/11TH AGRAHAYANA, 1938
WP(C).No. 8682 of 2016 (I)
PETITIONER(S):
M/S. S.K. KUMAR TRADING (INDIA) PVT. LTD., 4/181, TECHNO CRAFT COMPOUND, NEAR GOVERNMENT POLYTECHNIC, PALAKKAD-678 551, REP. BY ITS MANAGING DIRECTOR.
BY ADVS.SRI.RAJESH SIVARAMANKUTTY, SRI.K.V.ANTONY, SMT.RASHMI PATHIYIL, SMT.K.VIJINA.
RESPONDENT(S):
1. MANAGING DIRECTOR, KERALA STATE INDUSTRIAL ENTERPRISES LTD., ST. JOSEPH'S PRESS BUILDING, COTTON HILL, VAZHUTHACAUD, TRIVANDRUM-695 014.
2. THE DIRECTOR, KERALA STATE IT MISSION, ICT CAMPUS, VELLAYAMBALAM, THIRUVANANTHAPURAM - 695 033.
R1 BY ADVS. SRI.M.GOPIKRISHNAN NAMBIAR, SRI.P.GOPINATH MENON, SRI.P.BENNY THOMAS, SRI.K.JOHN MATHAI, SRI.JOSON MANAVALAN, SRI.KURYAN THOMAS.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
WP(C).No. 8682 of 2016 (I)
APPENDIX
PETITIONER'S EXHIBITS:-
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.S. TO JUDGE
rs.
SHAJI P. CHALY, J.
W.P.(C). NO. 8682 OF 2016
Dated this the 02nd day of December, 2016
JUDGMENT
Petitioner participated in the e-tender bid relating to supply of packed Bitumen floated by the first respondent. According to the petitioner, bid was successfully accepted online, vide Ext. P6. However, later petitioner understood that the EMD amount is returned, citing invalid account number. Therefore, it is the contention of the petitioner that the action of returning the EMD amount is illegal and therefore, requires interference of this Court by issuing appropriate direction to the first respondent. These are the background facts persuaded the petitioner to approach this Court, by filing this writ petition.
W.P.(C). NO. 8682 OF 2016 2
petition, the respondent company has reviewed the decision to invite tenders for supply of bitumen. The Tender Committee observed that the company is yet to select the C & F agents or distributors or customers for purchase of bitumen. Further, the validity period specified in the tender is six months, out of which, four months had already elapsed. After deliberating upon the matter, company decided to cancel the tender and not to proceed now, with the business of sale of bitumen. It is also submitted that the decision was taken in the best interests of the company, and therefore, in view of the development that took place during the pendency of this writ petition, the relief sought for by the petitioner in this writ petition, no more survives.
W.P.(C). NO. 8682 OF 2016 3
apart from any claim with respect to the cancellation of the contract. Leaving open the remedy of the petitioner to challenge the same, this writ petition is closed.
SHAJI P. CHALY JUDGE
DCS
M/S. S.K. Kumar Trading (India) Pvt. Ltd.
Managing Director, Kerala State Industrial Enterprises Ltd.
The Director, Kerala State IT Mission
Shaji P. Chaly
As recorded by the court registry
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