Petitioner, a contractor, challenged the rejection of his e-bid due to delayed submission of hard copy documents. The court held that non-compliance with tender clauses regarding hard copy submission warranted dismissal of the petition.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 04TH DAY OF DECEMBER 2019 / 13TH AGRAHAYANA, 1941
WP(C).No.22652 OF 2019(F)
PETITIONER:
P.P.ABDUL NAZIR AGED 53 YEARS S/O. P.P BEERAN, PAZHAYAPUTHANVEETTIL HOUSE, PARIYAPURAM, PACHATTHIRI P.O, TIRUR - 676 105, MALAPPURAM
BY ADVS. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.P.U.VINOD KUMAR SRI.AVINASH P RAVEENDRAN SMT.ARYA RAGHUNATH SMT.ANJALY N.S. SMT.KADIJA JASMINE
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY (FINANCE), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
W.P.(C)No.22652 of 2019
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4 MALABAR PLUS CONSTRUCTIONS, BUILDING NO. XVIII/166, KUTTIPPARA, PAYYANAD P.O, MALAPPURAM - 676 122 REPRESENTED BY ITS MANAGING PARTNER - SMT. RASHEEDA NALAKATH.
5 V.E.A SHANAVAS, PWD CONTRACTOR, PARIYAPURAM, VAKKAD P.O, TIRUR, MALAPPURAM 676 502
SMT.VINITHA, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.22652 of 2019
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J U D G M E N T
The petitioner who is a contractor has submitted
online bid, pursuant to Ext.P1 invitation for execution of the work referred to therein. The bid submitted by the petitioner has not been opened for consideration as he has not submitted hard copies of the documents to the tender inviting authority. The petitioner challenges the said decision of the respondents in this writ petition.
also the learned Government Pleader.
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It is stated that in terms of Ext.P1 invitation, though the time prescribed for opening the bid was fixed as 09.08.2019, the bids were opened only on 13.08.2019 due to the intervening holidays. There is no dispute to the fact that hard copies of the documents required in terms of C lause 4.4 were delivered to the tender inviting authority by the petitioner only on 16.8.2019. The respondents cannot, therefore, be found fault with for having not opened the bid of the petitioner.
In the said view of the matter, there is no merit in
the writ petition and the same is accordingly dismissed.
Sd/P.B.SURESH KUMAR, JUDGE.
DK
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE NOTICE DATED 27/07/2019 INVITING TENDERS ONLINE FOR THE DEPOSIT WORK-RESTORATION OF KWA PIPE LINE TRENCHES (KIFB- TANUR WATER SUPPLY SCHEME) ALONG WITH BP ANGADIKUTTIPPURAM ROAD (KM 0/350 TO 1/201) AND B.P ANGADI BYPASS ROAD (KM 0/391 TO 0/800) IN MALAPPURAM DISTRICT
EXHIBIT P2 A TRUE COPY OF THE RELEVANT PORTION OF THE TENDER, SUBMITTED BY THE PETITIONER ONLINE ON 06/08/2019
EXHIBIT P3 A TRUE COPY OF THE TENDER DETAILS OF THE PETITIONER, PUBLISHED IN THE ETENDERING SYSTEM OF THE GOVERNMENT OF KERALA TAKEN PRINT ON 18/08/2019
EXHIBIT P4 A TRUE COPY OF THE POSTAL RECEIPT EVIDENCING SENDING OF THE TENDER DOCUMENTS BY SPEED POST TO THE 2ND RESPONDENT
EXHIBIT P5 A TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 09/07/2015 RESOLVING TO INCORPORATE SUBSTANTIAL CHANGES IN THE E-TENDERING PROCESS ALONG WITH THE FORWARDING LETTER DATED 10/08/2015 OF THE 1ST RESPONDENT ADDRESSED TO THE DIRECTOR, KERALA STATE IT VISION
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EXHIBIT P6 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER 2ND RESPONDENT, WHICH WAS RECEIVED IN HIS OFFICE BY THE 3RD RESPONDENT ON 16/08/2019 EXHIBIT P7 A TRUE COPY OF THE DECLARATION PUBLISHED IN THE E TENDER PORTAL OF KERALA GOVERNMENT.
RESPONDENTS' EXHIBITS:
EXHIBIT R2(A) A TRUE COPY OF THE BID DOCUMENT CONTAINING CLAUSE 4.4(RELEVANT CLAUSE) REGARDING SUBMISSION OF HARD COPY
EXHIBIT R2(B) A TRUE COPY COPY OF THE TENDER SUMMARY REPORT DATED 21.08.2019 EXHIBIT R2(C) A TRUE COPY OF THE LETTER ISSUED BY THE PETITIONER THE SUPERINTENDING ENGINEER, NORTH CIRCLE ON 16.08.2019.
//TRUE COPY//
PA TO JUDGE
DK
1 issue framed by the court
Whether the petitioner is entitled to the opening of his e-bid given the submission of hard copy documents after the deadline.
P.P. Abdul Nazir
State of Kerala
Malabar Plus Constructions
V.E.A Shanavas
P.B. Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
