M/S.Formost, v. State of Kerala
Case brief
What is this about?
Petitioner sought quashing of contract award and directions for afresh consideration. Court found contract already awarded and completed, dismissing petition as infructuous.
Petitioner sought quashing of contract award and directions for afresh consideration. Court found contract already awarded and completed, dismissing petition as infructuous.
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
TUESDAY, THE 23RD DAY OF JULY 2019 / 1ST SRAVANA, 1941
WP(C).No.9617 of 2019
PETITIONER/S:
M/S.FORMOST, A REGISTERED PARTNERSHIP FIRM HAVING OFFICE AT KASMISONS ARCADE, NEAR PADMA JN., M.G.ROAD, KOCHI - 35, REPRESENTED BY ITS MANAGING PARNTER, K.N.ABDUL GAFOOR, AGED 54, SON F LATE C.KASMI.
BY ADVS. SRI.B.SAJEEV KUMAR SRI.THOMAS JOHN AMBOOKEN
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 KOCHI METRO RAIL LTD., HAVING REGISTERED OFFICE AT 8TH FLOOR, REVENUE TOWER, PARK AVENUE, ERNAKULAM, KOCHI - 682 011, REPRESENTED BY ITS MANAGING DIRECTOR.
3 METROTEX, A REGISTERED PARTNERSHIP FIRM HAVING OFFICE AT KASMISONS ESTATE, SAHODARAN AYAPPAN ROAD, KOCHI - 682 019, REPRESENTED BY ITS MANAGING PARTNER, IJAZ MARZOOK, AGED 30, SON OF K.N.MARZOOK.
BY ADVS. SRI.ANIL S.RAJ SRI.K.JAJU BABU (SR.) SMT.ANILA PETER SMT.K.N.RAJANI SMT.M.U.VIJAYALAKSHMI, SC, KOCHI METRO RAIL LTD. SRI.RADHIKA RAJASEKHARAN P. SRI.SAJEN THAMPAN SRI.S.SUDHEESH GOVERNMENT PLEADER,SMT.RASHMI.K.M
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
This writ petition is filed by the petitioner seeking the following reliefs:
Court from 27.3.2019, without any interim orders. I am informed by the learned Counsel appearing for the 2nd respondent that in the meanwhile the contract was conferred in favour of the 3rd respondent and the supply is also completed. Therefore, I do not think, anything survives to be considered in this writ petition, on
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the merits of the matter. The writ petition is accordingly dismissed as infructuous.
Sd/
SHAJI P.CHALY
JUDGE
Jm/
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1
TRUE COPY OF THE TENDER SUBMITTED BY THE PETITIONER ONLINE ON 08/01/2019 ALONG WITH THE DOCUMENTS UPLOADED BEFORE THE SECOND RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE TENDER SUMMARY REPORT PUBLISHED IN THE OFFICIAL SITE OF THE SECOND RESPONDENT ON 06/03/2019.
EXHIBIT P3 TRUE COPY OF THE INFORMATION PUBLISHED BY THE SECOND RESPONDENT ON 12/02/2019.
EXHIBIT P4
TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 19/02/2019 PUBLISHED BY THE SECOND RESPONDENT ON 22/03/2019.
M/S.FORMOST
STATE OF KERALA
KOCHI METRO RAIL LTD.
METROTEX
SHAJI P. CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court