The petitioner challenged a tender notice restricting bidders to specific companies. The court closed the petition as the respondent withdrew the restrictive notice and issued revised guidelines allowing all competent bidders.
The writ petition was closed with liberty to agitate grievances before the appropriate Authority/Forum if any.
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 V.G.ARUN
TUESDAY, THE 09TH DAY OF JUNE 2020 / 19TH JYAISHTA, 1942
WP(C).No.20336 OF 2019(N)
PETITIONER/S:
M/S. OMEGA ELEVATORS, 3RD FLOOR, KURIAN TOWER, BANERJI ROAD, ERNAKULAM, KERALA, 682 018 HAVING REGISTERED OFFICE AT 11, SANJEEV BAUG SOCIETY,NEW SHARDA MANDIR ROAD, PALDI, AHMEDABAD GUJARAT 380007. REPRESENTED BY ITS AUTHORIZED SIGNATORY MR. RAGHU RAGHAVAN.
BY ADVS. SRI.R.JAIKRISHNA SRI.P.RAHUL KUM.NARAYANI HARIKRISHNAN
RESPONDENT/S:
1 UNION OF INDIA MINISTRY OF HOUSING AND URBAN AFFAIRS, CENTRAL PUBLIC WORKS DEPARTMENT, GROUND FLOOR, A-WING NIRMAN BHAWAN, NEW DELHI 110 011, REPRESENTED BY ITS DIRECTOR GENERAL.
2 EXECUTIVE ENGINEER (ELECTRICAL), CENTRAL PUBLIC WORKS DEPARTMENT CPWD, TRIVANDRUM CENTRAL ELECTRICAL DIVISION, CGO COMPLEX, POONKULAM, VEELAYANI, TRIVANDRUM 695 522.
R1-2 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.06.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.20336 OF 2019(N) ..2..
JUDGMENT Dated this the 9th day of June 2020
The writ petition is filed, challenging the condition in Ext.P1 Notice Inviting Tender, limiting the bidders to the 5 Companies named in the notice. Pending the writ petition, the respondents have re-considered the matter and has issued Annexure-R2(a), opening up the zone of consideration. The Assistant Solicitor General of India states that the 2nd respondent proposes to issue a fresh tender notification in respect of the same works covered under Ext.P1, without restricting the entry of any competent bidders, except under the broad and objective stipulations covered under Annexure-R2(a).
WP(C).No.20336 OF 2019(N) ..3..
in Annexure-R2(a).
In such circumstances, the writ petition is closed,
reserving the liberty to the petitioner to agitate its grievances, if any, before the appropriate Authority/Forum.
SB/09/06/2020
Sd/V.G.ARUN JUDGE
WP(C).No.20336 OF 2019(N) ..4..
APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE E-TENDER NOTICE/DNIT ALONG WITH TENDER CONDITIONS FOR THE WORK VIZ CONSTRUCTION OF CONVERGENCE ACADEMIA COMPLEX FOR MG UNIVERSITY AT KOTTAYAM SH SITC OF PASSENGER AND GOODS LIFTS DATED NIL |
|---|---|
| EXHIBIT P2 | TRUE COPY OF ISO 90001.2015 CERTIFICATE DATED 29.11.2018 |
| EXHIBIT P2 A | TRUE COPY OF ISO 45001 2018 CERTIFICATE DATED 27.9.2018 |
| EXHIBIT P2 B | TRUE COPY OF FACTORY LICENSE ISSUED DIRECTORATE INDUSTRIAL SAFETY AND HEALTH, GUJARAT DATED 20.2.2018 |
| EXHIBIT P2 C | TRUE COPY OF MEMORANDUM OF SETTING UP MICRO SMALL OR MEDIUM ENTERPRISES ISSUED BY DISTRICT INDUSTRIES CENTER, GUJARAT DATED 11.7.2013 |
| EXHIBIT P3 | TRUE COPY OF THE OF LICNESE TO OPERATE LIFT ISSUED BY THE CHIEF ELECTRICAL INSPECTOR, GOVERNMENT OF MAHARASHTRA ALONG WITH ITS ENGLISH TRANSLATION. DATED 7.2.2019 |
| EXHIBIT P4 | TRUE COPY OF THE RELEVANT EXTRACT OF THE INTIMATION OF ACCEPT ACNE OF BID ISSUED BY THE EXECUTIVE ENGINEER,. RASHTRAPATI BHAWAN DATED 21.2.2007 |
| EXHIBIT P5 | TRUE COPY OF THE REPRESENTATION OF THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 23.7.2019 |
| EXHIBIT P6 | TRUE COPY OF THE OFFICE ORDER ISSUED BY THE MINISTRY OF COMMERCE AND INDUSTRY, GOVERNMENT OF INDIA DATED 29.5.2019 |
| EXHIBIT P7 | TRUE COPY OF THE INTERIM ORDER PASSED |
WP(C).No.20336 OF 2019(N) ..5..
BY THE HONBLE DELHI HIGH COURT WPC NO. 12245/2018 DATED 16.11.2019
EXHIBIT P8 TRUE COPY OF THE INTERIM ORDER OF HONBLE MADHYA PRADESH HIGH COURT IN WP NO. 12850/2018 DATED 19.6.2018 EXHIBIT P9 TRUE COPY OF THE JUDGMENT OF HONBLE MADHYA PRADESH HIGH COURT IN WP 12880/2018 DATED 16.8.2018 EXHIBIT P10 TRUE COPY OF INTERIM ORDER PASSED BY THE HONBLE PUNJAB AND HARYANA HIGH COURT OF IN CWP NO. 15660/2018 DATED 22.6.2018 EXHIBIT P10 A TRUE COPY OF LETTER OF AWARD ISSUED BY THE HARYANA TOURISM CORPORATION DATED 31.8.2018 EXHIBIT P11 TRUE COPY OF INTERIM ORDER PASSED BY THE HONBLE CALCUTTA HIGH COURT IN WP NO. 486 OF 2018 DATED 11.10.2018 EXHIBIT P12 TRUE COPY OF OFFICE MEMORANDUM ISSUED BY THE 1ST RESPONDENT DATED 10.1.2019
RESPONDENTS EXTS: ANNEXURE R2(A) TRUE COPY OF THE REVISED GUIDELINES DATED 20.04.2020 PROVIDING THE ELEIGIBILITY CRITERIA FOR LIFT WORKS.
// True copy //
P.A. To Judge
1 provisions across 1 enactments
Omega Elevators
Union of India
Executive Engineer (Electrical), CPWD
V.G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
