Allowed

Mannasseril Foundary v. Mavelikkara Block Panchayat

Kerala HC27 Oct 2020WP(C)/20255/2020

Case brief

AI extract

What is this about?

In a writ petition regarding a public procurement dispute, the Court held that a consolidated tender inviting bids for multiple motors was construed as an invitation for aggregate value. Consequently, the Court directed the award of the entire contract to the lowest bidder based on aggregate valuation.

What did the court decide?

The writ petition was disposed of holding that the entire contract should be awarded to the petitioner as the lowest bidder.

Mannasseril Foundary Vs Mavelikkara Block… — Public Procurement and Tenders | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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TUESDAY, THE 27TH DAY OF OCTOBER 2020 / 5TH KARTHIKA, 1942

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WP(C).No.20255 OF 2020(F)

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PETITIONER:

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M/S. MANNASSERIL FOUNDARY, THALAYAZHAM P.O., ULLALA, VAIKOM, KOTTAYAM DISTRICT, PIN-686 607, REPRESENTED BY ITS PROPRIETOR, M.A.JAMES, S/O.ANTONY, AGED 63 YEARS, MANNASSERIL HOUSE, THALAYAZHAM P.O., VAIKOM, KOTTAYAM DISTRICT.

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BY ADVS. SRI.BABU JOSEPH KURUVATHAZHA SMT.K.S.ARCHANA

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RESPONDENTS:

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1 MAVELIKKARA BLOCK PANCHAYAT, MAVELIKKARA P.O., ALAPPUZHA DISTRICT, PIN-690 101, REPRESENTED BY ITS SECRETARY.

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2 MAVELIKKARA BLOCK PANCHAYAT COMMITTEE, MAVELIKKARA P.O., ALAPPUZHA DISTRICT, PIN-690 101, REPRESENTED BY ITS PRESIDENT.

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3 SECRETARY, MAVELIKKARA BLOCK PANCHAYAT, MAVELIKKARA P.O., ALAPPUZHA DISTRICT, PIN-690 101, (BLOCK DEVELOPMENT OFFICER, MAVELIKKARA BLOCK, ALAPPUZHA DISTRICT).

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4 M/S. PERUMASSERY INDUSTRIES, VAIKOM, KOTTAYAM DISTRICT, PIN-686 141, REPRESENTED BY ITS PROPRIETOR, CHANDRA BOSE.

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BY ADV. SRI.ANILKUMAR K.N.PILLAI

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.20255 OF 2020(F)

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JUDGMENT

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Dated this the 27th day of October 2020

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The 1^st respondent - Mavelikkara Block Panchayat issued Ext.P1 notice inviting bids for the supplying and fixing of motors of different capacities. The motors includes 30 HP Axial Flow Pump Set, 20 HP Axial Flow Pump Set (2 nos.) and 40 HP Petti Para motor with panel board and all accessories.

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As seen from Ext.P1, it is a consolidated bids for materials to be supplied as referred therein .

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Petitioner stood as a lowest bidder taking note of the quote for the entire motors to be supplied.

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It appears that the Block Panchayat Committee has decided to award contract for supply of 40 HP motor to the petitioner and other three motors to the 4^th respondent. This is taking note of the fact that the petitioner is the lowest bidder for 40 HP motor and the 4^th respondent quoted for the lowest for the other three motors.

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Splitting up of a single tender into different tenders is the issue in this writ petition.

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WP(C).No.20255 OF 2020(F)

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According to the petitioner, when a single tender

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is invited, the contract ought to have been awarded based on

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the aggregate value of the materials to be supplied. On the other hand the learned Standing Counsel for the Block Panchayat would submit that the award invitation was for different materials and award of the contract would depend upon the quote made for each of such material.

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In the light of the background of the dispute as above, the question has to be considered is whether Ext.P1 notification was for split up value of the materials to be supplied or for the aggregate value of the materials to be supplied.

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Ext.P1 is a notice inviting tender. As seen from the notice of inviting tender, the invitation was for the aggregate value of the materials to be supplied. There was no mentioning about the invitation of tender for each material to be supplied for the award of the contract separately. The tender has to be construed as a single tender inviting quote for the aggregate value of the materials to be supplied. It is open for the Block Panchayat to invite the tender for supply of the

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WP(C).No.20255 OF 2020(F)

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materials based on the split up value of each materials or the aggregate value. When it is not specifically mentioned, one has to assume that the tender has to be submitted for the aggregate value of the materials to be supplied. By action of the Block Panchayat, it appears that the Panchayat has re-written the conditions of the tender after inviting the same. It is not possible for the Block Panchayat to re-write the terms of inviting tender after the invitation and at the time of the award of the contract.

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In view of the admitted position that the petitioner is the lowest bidder based on the aggregate value of the materials to be supplied, the Block Panchayat is bound to award the entire contract to the petitioner. Ordered accordingly.

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The writ petition is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE JUDGE

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akv

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WP(C).No.20255 OF 2020(F)

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APPENDIX

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PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE PHOTOCOPY OF THE NOTICE INVITING TENDER DATED 25.08.2020 PUBLISHED BY THE 1ST RESPONDENT THROUGH ONLINE.

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EXHIBIT P2 TRUE PHOTOCOPY OF THE PRICE SCHEDULE QUOTED BY THE PETITIONER, DOWNLOADED FORM THE WEBSITE OF THE 1ST RESPONDENT, PERTAINING TO THE RATE QUOTED BY THE PETITIONER.

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EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 25.09.2020 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 1 AND 2.

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EXHIBIT P4 TRUE COPY OF THE E-TENDER NOTICE ISSUED BY THE ASSISTANT DIRECTOR OF AGRICULTURE, MAVELIKKARA BLOCK PANCHAYAT EXHIBIT P5 TRUE PHOTOCOPY OF THE RATE QUOTED BY THE PETITIONER, IN PURSUANCE TO EXT.P4

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EXHIBIT P6 TRUE COPY OF THE RATE QUOTED BY THE 4TH RESPONDENT IN PURSUANCE TO EXT.P4 EXHIBIT P7 TRUE COPY OF THE SELECTION NOTICE DATED 15/9/2020 ISSUED BY THE ASSISTANT DIRECTOR OF AGRICULTURE, MAVELIKKARA

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EXHIBIT P8 TRUE COPY OF THE LETTER DATED 20/9/2020 SUBMITTED BY THE PETITIONER BEFORE THE ASSISTANT DIRECTOR OF AGRICULTURE, MAVELIKKARA

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RESPONDENT'S/S EXHIBITS :

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ANNEXURE R1 TRUE COPY OF THE POSTAL RECEIPT NO.RL574201621 IN ANNEXURE R2 TRUE COPY OF THE COMPARATIVE STATEMENT SHOWING DETAILS OF E-TENDER OF MAVELIKKARA BLOCK PANCHAYAT. ANNEXURE R3 TRUE COPY OF THE BID LETTER DATED 15.09.2020 ISSUED FROM ASSISTANT DIRECTOR OF AGRICULTURE, MAVELIKKARA TO MANNASSERIL FOUNDRY. //TRUE COPY// P.A. TO JUDGE

Mannasseril Foundary v. Mavelikkara Block Panchayat

Case brief

What is this about?

What did the court decide?

Mannasseril Foundary v. Mavelikkara Block Panchayat

Case brief

What is this about?

What did the court decide?

What the court decided

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