The petitioner seeking to quash a tender rejection and direct reconsideration failed to implead the successful bidder. The High Court dismissed the writ petition as the necessary party was not included.
The writ petition was dismissed. It will not stand in the way of the petitioner from moving appropriate proceedings.
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 SMT. JUSTICE P.V.ASHA
THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942 WP(C).No.14623 OF 2020(C)
PETITIONER:
M/s.P.K.JANARDHANAN KOTTARATHIL HOUSE, AMAYUR P.O., PATTAMBI, PALAKKAD DISTRICT, PIN-679 303 REPRESENTED BY ITS PARTNER, JAYAKRISHNAN T.C., KOTTARATHIL HOUSE, AMAYUR P.O., PATTAMBI, PALAKKAD DISTRICT, PIN-679 303.
BY ADVS. SRI.P.N.SASIDHARAN SRI.RIJO JOY
RESPONDENTS:
1 CENTRAL WAREHOUSING CORPORATION (A GOVERNMENT OF INDIA UNDERTAKING), REGIONAL OFFICE, MAVELI ROAD, GANDHI NAGAR, KADAVANTHRA P.O., ERNAKULAM-682 020 REPRESENTED BY ITS EXECUTIVE ENGINEER.
2 CENTRAL WAREHOUSING CORPORATION
(A GOVERNMENT OF INDIA UNDERTAKING), CORPORATE OFFICE, 4/1 SIRI INSTITUTIONAL AREA, HAUS KHAS NEW DELHI-110016 REPRESENTED BY ITS CHIEF ENGINEER.
3 UNION OF INDIA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FOOD AND PUBLIC DISTRIBUTION, MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION, KRISHI BHAVAN, DR.RAJENDRA PRASAD ROAD, NEW DELHI-110 001.
BY ADV. SRI.ELVIN PETER P.J. BY ADV. SRI.K.R.GANESH BY ADV. SMT.N.R.REESHA BY SRI.B.RAMACHANDRAN, SC
OTHER PRESENT:
ASGI, SRI. P.VIJAYAKUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.14623 OF 2020(C)
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J U D G M E N T
This writ petition is filed seeking the
following reliefs:
on 15.07.2020, the respondents have filed counter
affidavit on 14.08.2020 with copy to the learned
counsel for the petitioner. In this counter
affidavit it is stated as follows in paragraph 9:
It is respectfully submitted that the technical bid of Ext.P5 tender was actually opened on 07.04.2020 and after opening the financial bid, the 1st respondent already issued letter of Acceptance of tender for the work to M/s.Shape Constructions, South Kalamassery, Kochi-682 033 as per order dated 05.06.2020. The said Contractor, after submission of performance guarantee of Rs.4,83,483/- has been awarded the work vide order dated 03.07.2020. Thereafter,
WP(C).No.14623 OF 2020(C)
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M/s.Shape Constructions has already commenced the work of construction of compound wall in CWC KINFRA Park, Thalassery. M/s.Shape Constructions has not been impleaded in this Writ Petition. M/s.Shape Construction is a necessary party.
affidavit and did not take any steps to implead the party who is awarded the work.
Hence, the writ petition is dismissed. This
will not stand in the way of petitioner from moving appropriate proceedings.
Sd/- P.V.ASHA, JUDGE
AS
WP(C).No.14623 OF 2020(C)
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF ACKNOWLEDGEMENT OF REGISTRATION DATED 27.7.2015 OF THE REGISTRAR OF FIRMS. EXHIBIT P2 TRUE COPY OF THE PARTNERSHIP DEED DATED 8.5.2015 OF PETITIONER FIRM. EXHIBIT P3 TRUE COPY OF THE NIT NO.CWC/ROKOCHI/ENGG./NIT/19-20/12 DATED 18.2.2020 EXHIBIT P4 TRUE COPY OF CORRIGENDUM OF IST RESPONDENT DATED 12.3.2020 TO EXT.P3 NIT. EXHIBIT P5 TRUE COPY OF EXT.P3 AS AMENDED BY EXT.P4. EXHIBIT P6 TRUE COPY OF PRE QUALIFYING PROFORMA SUBMITTED BY THE PETITIONER DT.25.03.2020 EXHIBIT P7 TRUE COPY OF THE ELIGIBILITY CRITERIA FOR CONTRACTORS PRESCRIBED BY THE IST RESPONDENT. EXHIBIT P8 TRUE COPY OF INSTRUCTIONS TO TENDERERS ISSUED BY IST RESPONDENT. EXHIBIT P9 TRUE COPY OF NET WORTH CERTIFICATE DATED 19.3.2020 OF THE PETITIONER FIRM FOR 2018-2019. EXHIBIT P10 TRUE COPY OF ANNUAL TURNOVER CERTIFICATE DATED 19.3.2020 OF PETITIONER FIRM. EXHIBIT P11 EXPERIENCE CERTIFICATE DATED MARCH 2020 ISSUED BY E.E. GARRISON ENGINEER, VASCO-DA-GAMA, GOA TO PETITIONER FIRM. EXHIBIT P12 TRUE COPY OF THE NOTARY ATTESTED
WP(C).No.14623 OF 2020(C)
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AFFIDAVIT DATED 24.3.2020 SIGNED BY THE PARTNERS OF PETITIONER FIRM.
EXHIBIT P13 REASON STATED BY THE IST RESPONDENT FOR REJECTING EXT.P6 TENDER DATED 5.6.2020. EXHIBIT P14 TRUE COPY OF THE JUDGMENT DATED 18.6.2020 IN WPC NO.11783/2020 OF THIS HON'BLE COURT. EXHIBIT P15 AFFIDAVIT OF THE MANAGING PARTNER OF THE PETITIONER FIRM DATED 18.6.2020. EXHIBIT P16 REPRESENTATION DATED 19.6.2020 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. EXHIBIT P16(A) POSTAL RECEIPT DATED 19.6.2020 FOR HAVING SENT EXT.P16 TO R1.
3 issues framed by the court
Whether the writ petition can be allowed in the absence of the party awarded the contract.
Whether the technical and financial bid proceedings ought to be re-opened.
Whether the rejector of the tender is directed to dispose the representation.
M/s.P.K.JANARDHANAN KOTTARATHIL HOUSE
CENTRAL WAREHOUSING CORPORATION REGIONAL OFFICE
CENTRAL WAREHOUSING CORPORATION
UNION OF INDIA
P.V.ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
