Writ petitions filed by He-Man Auto Robopark (P) Ltd. challenging tender annulments were disposed of without issue as the tenders were already annulled.
The writ petitions were closed; the tenders had already been annulled.
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
FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942
WP(C).No.710 OF 2021(K)
PETITIONER:
HE -MAN AUTO ROBOPARK (P) LIMITED HAVING ITS REGISTERED OFFICE AT SOUTH ATTARA, MOOKKANNOOR P. O., ANGAMALY, ERNAKULAM - 683 577, REPRESENTED BY ITS AUTHORISED REPRESENTATIVE NITHIN PAUL, AGED 29 YEARS, S/O. POULOSE, RESIDING AT PUTHEN PUTHUSSERY HOUSE, MOOKKANNOOR P. O., ANGAMALY - 683 577, WORKING AS MARKETING ENGINEER, HE-MAN AUTO ROBOPARK (P) LIMITED.
BY ADVS. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SRI.P.J.JOE PAUL SRI.MANU SRINATH SRI.RAJAN G. GEORGE
RESPONDENTS:
1 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF ROAD, TRANSPORT AND HIGHWAYS, TRANSPORT BHAWAN, 1 PARLIAMENT STREET, NEW DELHI - 110 001.
2 NATIONAL HIGHWAYS INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 3RD FLOOR, PTI BUILDING, 4 PARLIAMENT STREET, NEW DELHI - 110 001, REPRESENTED BY ITS MANAGING DIRECTOR.
3 MANAGING DIRECTOR NATIONAL HIGHWAYS INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED, 3RD FLOOR, PTI BUILDING, 4 PARLIAMENT STREET, NEW DELHI - 110 001.
5 GENERAL MANAGER (TECHNICAL) NATIONAL HIGHWAYS INFRASTRUCTURE DEVELOPMENT
W.P.(C) Nos.710,1091 &1100 of 2021
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CORPORATION LIMITED, 3RD FLOOR, PTI BUILDING, 4 PARLIAMENT STREET, NEW DELHI - 110 001.
6 KOCHI METRO RAIL LIMITED HAVING ITS REGISTERED OFFICE AT JLN METRO STATION, 4TH FLOOR, KALOOR, ERNAKULAM - 682 017, REPRESENTED BY ITS MANAGING DIRECTOR.
R1 BY SRI.DINESH CHERUKAT, SC, RAILWAYS R1 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA R6 BY ADV. SRI.K.JAJU BABU (SR.) R6 BY SMT.M.U.VIJAYALAKSHMI, SC, KOCHI METRO RAIL LTD.
SRI.DINESH RAO,SC,RAILWAYS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.02.2021, ALONG WITH WP(C).1091/2021(J), WP(C).1100/2021(J), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.710,1091 &1100 of 2021
3
WP(C).No.1091 OF 2021(J)
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942
PETITIONER:
HE-MAN AUTO ROBOPARK (P) LIMITED HAVING ITS REGISTERED OFFICE AT SOUTH ATTARA, MOOKKANNOOR P.O., ANGAMALY, ERNAKULAM - 683 577 REPRESENTED BY ITS AUTHORISED REPRESENTATIVE NITHIN PAUL, AGED 29 YEARS, S/O.POULOSE, RESIDING AT PUTHEN PUTHUSSERY HUSE, MOOKKANNOOR P.O., ANGAMALY - 683 577 WORKING AS MARKETING ENGINEER, HE-MAN AUTO ROBOPARK (P) LIMITED.
BY ADVS. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SRI.P.J.JOE PAUL SRI.MANU SRINATH SRI.RAJAN G. GEORGE
RESPONDENTS:
1 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF ROAD, TRANSPORT AND HIGHWAYS, TRANSPORT BHAWAN, 1 PARLIAMENT STREET, NEW DELHI - 110 001.
W.P.(C) Nos.710,1091 &1100 of 2021
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PARLIAMENT STREET, NEW DELHI - 110 001.
5 GENERAL MANAGER (TECHNICAL) NATIONAL HIGHWAY INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED, 3RD FLOOR, PTI BUILDING, 4 PARLIAMENT STREET, NEW DELHI - 110 001.
6 COCHIN SMART CITY MISSION LIMITED JLN METRO STATION, 4TH FLOOR, KALOOR, ERNAKULAM - 682 017 REPRESENTED BY ITS CHAIRMAN.
7 SOTEFIN PARKING PVT.LTD. GA-1, RAJDANGA MAIN ROAD, KASBA, KOLKATA, WEST BEGAL - 700 107 REPRESENTED BY ITS AUTHORISED REPRESENTATIVE.
8 SIMPLEX PROJECTS LIMITED HAVING ITS REGISTERED OFFICE AT 12/1 NELLIE SENGUPTA SARANI, KOLKATA, WEST BEGAL - 700 087 REPRESENTED BY ITS AUTHORISED REPRESENTATIVE.
R1 BY ADV. VISHNU J., CGC R6 BY ADV. SRI.K.JAJU BABU (SR.) R6 BY ADV. SMT.M.U.VIJAYALAKSHMI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.02.2021, ALONG WITH WP(C).710/2021(K), WP(C).1100/2021(J), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.710,1091 &1100 of 2021
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942 WP(C).No.1100 OF 2021(J)
PETITIONER:
HE-MAN AUTO ROBOPARK (P) LIMITED HAVING ITS REGISTERED OFFICE AT SOUTH ATTARA, MOOKKANNOOR P.O. ANGAMALY, ERNAKULAM 683 577. REPRESENTED BY ITS AUTHORISED REPRESENTATIVES
NITHIN PAUL, GED 29 YEARS, S/O. POULOSE, RESIDING AT PUTHEN PUTHUSSERY HOUSE, MOOKKANNOOR P.O. ANGAMALY 683 577, WORKING AS MARKETING ENGINEER, HE MAN AUTO ROBOPARK (P) LIMITED.
BY ADVS. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SRI.P.J.JOE PAUL SRI.MANU SRINATH SRI.RAJAN G. GEORGE
RESPONDENTS:
1 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAWAN 1 PARLIAMENT STREET , NEW DELHI 110 001.
W.P.(C) Nos.710,1091 &1100 of 2021
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CORPORATION LIMITED, 3RD FLOOR, PTI BUILDING, 4 PARLIAMENT STREET, NEW DELHI 110 001.
5 GENERAL MANAGER (TECHNICAL), NATIONAL HIGHWAY INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED,
3RD FLOOR, PTI BUILDING, 4 PARLIAMENT STREET, NEW DELHI 110 001.
6 KOCHI METRO RAIL LIMITED HAVING ITS REGISTERED OFFICE JLN METRO STATION, 4TH FLOOR, KALOOR, ERNAKULAM, 682 017, REPRESENTED BY ITS MANGING DIRECTOR.
7 SOTEFIN PARKING PVT. LTD., GA-1, RAJDANGA MAIN ROAD, KASBA, KOLKATA, WEST BENGAL 700 07, REPRESENTED BY ITS AUTHORISED REPRESENTATIVE.
8 M/S. RAM RATNA INFRASTRUCTURE PVT.LTD., RAM RATNA HOUSE, OASIS COMPLEX, P.B. MARG, WORLI, MUMBAI, MHARASHTRA 400 013 REPRESENTED BY ITS AUTHORISED REPRESENTATIVE.
R1 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA R6 BY ADV. SRI.K.JAJU BABU (SR.) R6 BY SMT.M.U.VIJAYALAKSHMI, SC, KOCHI METRO RAIL LTD.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.02.2021, ALONG WITH WP(C).710/2021(K), WP(C).1091/2021(J), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 05th day of February 2021
The learned counsel for the petitioners submits
that the impugned tenders are annulled.
Therefore, the writ petitions are closed.
P.V.ASHA JUDGE
DM
W.P.(C) Nos.710,1091 &1100 of 2021
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APPENDIX OF WP(C) 710/2021
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | A TRUE COPY OF THE PATENT DATED 03.01.2017 ISSUED BY THE UNITED STATES OF AMERICA. |
|---|---|
| EXHIBIT P2 | A TRUE COPY OF THE PATENT DATED 08.11.2018 ISSUED BY THE GOVERNMENT OF INDIA. |
| EXHIBIT P3 | A TRUE COPY OF THE PATENT DATED 21.10.2019 ISSUED BY THE GOVERNMENT OF INDIA. |
| EXHIBIT P4 | A TRUE COPY OF THE RELEVANT PAGES OF THE TENDER ID NO.2020-NHIDC- 598602-1 WITH TENDER REFERENCE NO.NHIDCL/AMLCP/KMRL/2020/PT.2 FLOATED BY THE 2ND RESPONDENT. |
| EXHIBIT P5 | A TRUE COPY OF THE NOTICE INVITING TENDER 13.11.2020. |
| EXHIBIT P6 | A TRUE COPY OF THE RELEVANT PAGES OF THE BID/PACKAGE NO.NHDICL/J&K/NH-244/K-K/PKG- I/2020. |
| EXHIBIT P7 | A TRUE COPY OF THE RELEVANT PAGES OF RFP NO.SCTL-PRJ/217/2019-M(UP) ISSUED BY SMART CITY, THIRUVANANTHAPURAM LIMITED. |
| EXHIBIT P8 | A TRUE COPY OF THE CONTRACT AGREEMENT DATED 12.10.2020. |
| EXHIBIT P9 | A TRUE COPY OF THE RELEVANT PAGES OF NIT NO.19/ISCDL/2020-21 DATED 01.07.2020 ISSUED BY INDORE SMART CITY DEVELOPMENT LIMITED. |
| EXHIBIT P10 | A TRUE COPY OF THE RELEVANT PAGES OF NIT NO.CSML/MLCP/KCPD/RFP/01 DATED 08.03.2019 ISSUED BY COCHIN SMART MISSION LIMITED. |
| EXHIBIT P11 | A TRUE COPY OF THE PROPOSAL (WITHOUT ANNEXURES) SUBMITTED BY THE PETITIONER TO RESPONDENT 2 TO 5. |
| EXHIBIT P12 | A TRUE COPY OF E-MAIL DATED 21.12.2020. |
| EXHIBIT P13 | A TRUE COPY OF THE POSTAL RECEIPTS DATED 22.12.2020. |
W.P.(C) Nos.710,1091 &1100 of 2021
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| EXHIBIT P14 | A TRUE COPY OF THE POSTAL TRACKING DETAILS. |
|---|---|
| EXHIBIT P15 | A TRUE COPY OF ANNULMENT NOTICE NO.NHDICL/AMLCP/KMRL/2020/PT.II/1721 DATED 24.12.2020 ISSUED BY THE 2ND RESPONDENT. |
| EXHIBIT P16 | A TRUE COPY OF THE NOTICE INVITING TENDER DATED 28.12.2020 OF TENDER ID 2020-NHIDC- 605945-1 WITH TENDER REFERENCE NO.NHIDCL/AMLCP/KMRL/2020/PT.2. |
| EXHIBIT P17 | A TRUE COPY OF THE PROJECT RECORDS OF THE CONSTRUCTION OF THE AUTOMATED PARKING SYSTEM AT LISIE HOSPITAL. |
| EXHIBIT P18 | A TRUE COPY OF THE PROJECT RECORDS OF THE CONSTRUCTION OF THE AUTOMATED PARKING SYSTEM AT LOURDES HOSPITAL. |
| EXHIBIT P19 | A TRUE COPY OF THE PROJECT RECORDS OF THE CONSTRUCTION OF THE AUTOMATED PARKING SYSTEM FOR SANDS INFRABUILD PVT. LTD. (LULU GROUP) |
| EXHIBIT P20 | A TRUE COPY OF THE PROJECT RECORDS OF THE CONSTRUCTION OF THE AUTOMATED PARKING SYSTEM FOR OLIVIA HOSPITALITIES PVT. LTD. |
W.P.(C) Nos.710,1091 &1100 of 2021
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APPENDIX OF WP(C) 1091/2021
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | A TRUE COPY OF THE PATENT DATED 03/01/2017 ISSUED BY THE UNITED STATES OF AMERICA. |
|---|---|
| EXHIBIT P2 | A TRUE COPY OF THE PATENT DATED 08/11/2018 ISSUED BY THE GOVERNMENT OF INDIA. |
| EXHIBIT P3 | A TRUE COPY OF THE PATENT DATED 21/10/2019 ISSUED BY THE GOVERNMENT OF INDIA. |
| EXHIBIT P4 | A TRUE COPY OF THE RELEVANT PAGES OF TENDER FLOATED BY THE 2ND RESPONDENT. |
| EXHIBIT P5 | A TRUE COPY OF NOTICE INVITING TENDER 13/11/2020. |
| EXHIBIT P6 | A TRUE COPY OF THE RELEVANT PAGES OF THE TECHNICAL SCHEDULE. |
| EXHIBIT P7 | A TRUE COPY OF THE RELEVANT PAGES OF THE REQUEST FOR PROPOSAL ISSUED BY SMART CITY THIRUVANANTHAPURAM LIMITED. |
| EXHIBIT P8 | A TRUE COPY OF THE CONTRACT AGREEMENT DATED 12/10/2020. |
| EXHIBIT P9 | A TRUE COPY OF THE RELEVANT PAGES OF NIT NO.19/ISCDL/2020-21 DATED 01/07/2020 ISSUED BY INDORE SMART CITY DEVELOPMENT LIMITED. |
| EXHIBIT P10 | A TRUE COPY OF THE RELEVANT PAGES OF NIT NO.CSML/MLCP/KCPD/RFP/01 DATED 08/03/2019 ISSUED BY COCHIN SMART MISSION LIMITED. |
| EXHIBIT P11 | A TRUE COPY OF THE PRE-BID QUERY DATED 30/11/2020 SUBMITTED BY THE PETITIONER. |
| EXHIBIT P12 | A TRUE COPY OF E-MAIL DATED 30/11/2020 SENT BY THE PETITIONER TO THE 5TH RESPONDENT. |
| EXHIBIT P13 | A TRUE COPY OF THE PROPOSAL (WITHOUT ANNEXURES) SUBMITTED BY THE PETITIONER TO RESPONDENTS 2 TO 5. |
| EXHIBIT P14 | A TRUE COPY OF E-MAIL DATED 21/12/2020. |
| EXHIBIT P15 | A TRUE COPY OF THE POSTAL RECEIPTS DATED 22/12/2020. |
W.P.(C) Nos.710,1091 &1100 of 2021
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| EXHIBIT P16 | A TRUE COPY OF THE POSTAL TRACKING DETAILS. |
|---|---|
| EXHIBIT P17 | A TRUE COPY OF THE BID OPENING SUMMARY. |
| EXHIBIT P18 | A TRUE COPY OF THE PROJECT RECORDS OF THE CONSTRUCTION OF THE AUTOMATED PARKING SYSTEM AT LISIE HOSPITAL. |
| EXHIBIT P19 | A TRUE COPY OF THE PROJECT RECORDS OF THE CONSTRUCTION OF THE AUTOMATED PARKING SYSTEM AT LOURDES HOSPITAL. |
| EXHIBIT P20 | A TRUE COPY OF THE PROJECT RECORDS OF THE CONSTRUCTION OF THE AUTOMATED PARKING SYSTEM FOR SANDS INFRABUILD PVT.LTD. |
| EXHIBIT P21 | A TRUE COPY OF THE PROJECT RECORDS OF THE CONSTRUCTION OF THE AUTOMATED PARKING SYSTEM FOR OLIVIA HOSPITALITIES PVT.LTD. |
W.P.(C) Nos.710,1091 &1100 of 2021
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APPENDIX OF WP(C) 1100/2021
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | A TRUE COPY OF THE PATENT DATED 03.01.2017 ISSUED BY THE UNITED STATES OF AMERICA. |
|---|---|
| EXHIBIT P2 | A TRUE COPY OF THE PATENT DATED 08.11.2018 ISSUED BY THE GOVERNMENT OF INDIA. |
| EXHIBIT P3 | A TRUE COPY OF THE PATENT DATED 21.10.2019 ISSUED BY THE GOVERNMENT OF INDIA. |
| EXHIBIT P4 | A TRUE COPY OF THE RELEVANT PAGES OF TENDER REFERENCE NO. NHIDCL/AMLCP/KMRL/2020 FLOATED BY THE 2ND RESPONDENT. |
| EXHIBIT P5 | A TRUE COPY OF THE NOTICE INVITING TENDER 13.11.2020. |
| EXHIBIT P6 | A TRUE COPY OF THE RELEVANT PAGES OF THE TECHNICAL SCHEDULE, |
| EXHIBIT P7 | A TRUE COPY OF THE RELEVANT PAGES OF THE REQUEST FOR PROPOSAL ISSUED BY SMART CITY THIRUVANANTHAPURAM LIMITED. |
| EXHIBIT P8 | A TRUE COPY OF THE CONTRACT AGREEMENT DATED 12.10.2020. |
| EXHIBIT P9 | A TRUE COPY OF THE RELEVANT PAGES OF NIT NO. 19/ISCDL/2020-21 DATED 01.07.2020 ISSUED BY THE INDORE SMART CITY DEVELOPMENT LIMITED. |
| EXHIBIT P10 | A TRUE COPY OF THE RELEVANT PAGES OF NIT NO. CMSL/MLCP/KDPD/RFP/01 DATED 08.03.2019 ISSUED BY COCHIN SMART MISSION LIMITED. |
| EXHIBIT P11 | A TRUE COPY OF THE PRE BID QUERY DATED 03.11.2020 SUBMITTED BY THE PETITIONER. |
| EXHIBIT P12 | A TRUE COPY OF THE E-MAIL DATED 04.11.2020 SENT BY THE PETITIONER TO THE 5TH RESPONDENT. |
| EXHIBIT P13 | A TRUE COPY OF THE PROPOSAL (WITHOUT ANNEXURES), SUBMITTED BY THE PETITIONER TO RESPONDENTS 2 TO 5. |
W.P.(C) Nos.710,1091 &1100 of 2021
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| EXHIBIT P14 | A TRUE COPY OF E MAIL DATED 21.12.2020. |
|---|---|
| EXHIBIT P15 | A TRUE COPY OF THE POSTAL RECEIPTS DATED 22.12.2020. |
| EXHIBIT P16 | A TRUE COPY OF THE POSTAL TRACKING DETAILS. |
| EXHIBIT P17 | A TRUE COPY OF THE COMMUNICATION NO. NHIDCL/AMLCPKMRL/2020/PT/1720 DATED 22.12.2020 OF THE 2ND RESPONDENT. |
| EXHIBIT P18 | A TRUE COPY OF THE BID OPENING SUMMARY. |
| EXHIBIT P19 | A TRUE COPY OF THE PROJECT RECORDS OF THE CONSTRUCTION OF THE AUTOMATED PARKING SYSTEM AT LISIE HOSPITAL. |
| EXHIBIT P20 | A TRUE COPY OF THE PROJECT RECORDS OF THE CONSTITUTION OF THE AUTOMATED PARKING SYSTEM AT LOURDES HOSPITAL. |
| EXHIBIT P21 | A TRUE COPY OF THE PROJECT RECORDS OF THE CONSTITUTION OF THE AUTOMATED PARKING SYSTEM FOR SANDS INFRABUILD PVT. LTD., |
| EXHIBIT P22 | A TRUE COPY OF THE PROJECT RECORDS OF THE CONSTITUTION OF THE AUTOMATED PARKING SYSTEM FOR HOSPITALITIES PVT.LTD. |
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
HE-MAN AUTO ROBOPARK (P) LIMITED
UNION OF INDIA
NATIONAL HIGHWAYS INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED
KOCHI METRO RAIL LIMITED
P.V.ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
