Waste-paper traders challenged a government tender capping bids at 30% above approved market rates. The Court upheld the ceiling and reliance on published preceding-period rates, rejected challenges under Sections 3 and 4 of the Competition Act, 2002, and dismissed all five writ petitions.
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 N.NAGARESH
TUESDAY, THE 02ND DAY OF FEBRUARY 2021/13TH MAGHA,1942 WP(C).No.6241 OF 2020(E)
PETITIONER:
P.M.HASSANKUTTY, AGED 65 YEARS, S/O. MEERAN RAWTER, PARAPPALLIL HOUSE, VALAVUKAYAM, ANAKKAL P.O., KANJIRAPPALLY-686 508.
BY ADVS. SRI.ALEX.M.SCARIA SMT.SARITHA THOMAS
RESPONDENTS:
1 THE STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, STATIONERY DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
ADDL. 2 ASHA WASTE PAPER COMPANY, 48/2386, THANIKKAL JUNCTION, ELAMAKKARA P.O., KOCHI - 682026, REPRESENTED BY ITS PROPRIETOR, SRI.K.RENJAN SHENOY.
IS IMPLEADED AS PER ORDER DATED 21.01.2021 IN IA No.1/2021 IN WP(C) 6241/2020.
R1 BY GOVERNMENT PLEADER SMT. K.M.RASHMI R2 BY ADV. P.SANTHOSH KUMAR (PANAMPALLI NAGAR) R2 BY ADV. SRI.K.P.CHANDRASEKHAR R2 BY ADV. SRI.V.ANANDA SHENOY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.02.2021, ALONG WITH WP(C).6643/2020(E), WP(C).6940/ 2020(N), WP(C).7173/2020(V), WP(C).7526/2020(M), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.6241,6643,6940,7173&7526/2020
: 2 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 02ND DAY OF FEBRUARY 2021/13TH MAGHA,1942
WP(C).No.6643 OF 2020(E)
PETITIONER:
RINROSE TRADERS, ELAMAKARA P.O., KALOOR, COCHIN-682 017, REPRESENTED BY ITS MANAGING PARTNER.
BY ADVS. SRI.LINDONS C.DAVIS SMT.E.U.DHANYA
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, PRINTING AND STATIONERY DEPARTMENT, THIRUVANANTHAPURAM-695001.
2 CONTROLLER OF STATIONERY, OFFICE OF THE CONTROLLER OF STATIONERY, STATIONERY DEPARTMENT, PMG, THIRUVANANTHAPURAM-695033.
3 ISMAIL P.B., S/O.M.A.BAVA, PADINJAKKARA HOUSE, VATTEKUNNAM, NJALAKAM DESOM, THRIKKAKARA NORTH VILLAGE, ERNAKULAM DISTRICT-682021.
WP(C) No.6241,6643,6940,7173&7526/2020
: 3 :
4 SALIM T.A., S/O.T.A.ALIYAR, THALAKOTTIL HOUSE, VATTEKUNNAM, NJALAKAM DESOM, THRIKKAKARA NORTH VILLAGE, ERNAKULAM DISTRICT-682021.
5 M.M.ALI, S/O.MOIDEEN, MATTAPILLY HOUSE, ARAKKAKADAVU, VENNALA, KAKKANAD VILLAGE, ERNAKULAM DISTRICT-682028.
6 D.GOPINATH, KUNNUMEL THEKKETHIL HOUSE, ERUVA P.O., KAYAMKULAM, ALAPPUZHA DISTRICT-690572.
R1-2 BY GOVERNMENT PLEADER SMT. K.M.RASHMI R3-5, R7 BY ADV. SRI.R.SANJITH R3-5, R7 BY ADV. SMT.C.S.SINDHU KRISHNAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.02.2021, ALONG WITH WP(C).6241/2020(E), WP(C).6940/ 2020(N), WP(C).7173/2020(V), WP(C).7526/2020(M), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.6241,6643,6940,7173&7526/2020
: 4 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 02ND DAY OF FEBRUARY 2021/13TH MAGHA,1942
WP(C).No.6940 OF 2020(N)
PETITIONER:
VISHNU SOMAN, AGED 28 YEARS, S/O D. SOMAN, MANAGING PARTNER, VINAYAKA TRADERS, ERUVA P.O., KAYAMKULAM.
BY ADV. SRI.K.R.SUNIL
RESPONDENTS:
1 THE STATE OF KERALA, REP BY THE PRINCIPAL SECRETARY, PRINTING AND STATIONARY DEPARTMENT, THIRUVANANTHAPURAM-695 001.
WP(C) No.6241,6643,6940,7173&7526/2020
: 5 :
6 M.M. ALI, S/O MOIDEEN, MATTAPPALLIL HOUSE, ARAKKAKADAVU, VENNALA, KAKKANAD VILLAGE, ERNAKULAM
7 ISMAIL P.B., S/O M.A.BAVA, PADINJAKKARA HOUSE, VATTEKKUNNAM, NJALAKAM DESOM, THRIKKAKARA NORTH VILLAGE, ERNAKULAM DISTRICT.
8 C.K.ANOOB, S/O ABDUL KHADER, CHERUPULLIPARAMBIL HOUSE, VENNALA P.O., CHALIKKAVATTOM, ERNAKULAM DISTRICT.
R1-3,R9 BY GOVERNMENT PLEADER SMT K.M.RASHMI
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.02.2021, ALONG WITH WP(C).6241/2020(E), WP(C).6643/ 2020(E), WP(C).7173/2020(V), WP(C).7526/2020(M), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.6241,6643,6940,7173&7526/2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 02ND DAY OF FEBRUARY 2021/13TH MAGHA,1942
WP(C).No.7173 OF 2020(V)
PETITIONER:
VIGNESH SOMAN, AGED 26 YEARS, S/O. D.SOMAN, PROPRIETOR, KARTHIKEYA TRADERS, ERUVA P.O., KAYAMKULAM
BY ADV. SRI.K.R.SUNIL
RESPONDENTS:
WP(C) No.6241,6643,6940,7173&7526/2020
: 7 :
6 M.M.ALI, S/O. MOIDEEN, MATTAPPALLIL HOUSE, ARAKKAKADAVU, VENNALA P.O., KAKKANAD VILLAGE, ERNAKULAM-682 028
7 ISMAIL P.B., S/O. M.A BAVA, PADINJAKKARA HOUSE, VATTEKKUNNAM, NJALAKAM DESOM, THRIKKAKARA NORTH VILLAGE, ERNAKULAM DISTRICT-682 030
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.02.2021, ALONG WITH WP(C).6241/2020(E), WP(C).6643/ 2020(E), WP(C).6940/2020(N), WP(C).7526/2020(M), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.6241,6643,6940,7173&7526/2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 02ND DAY OF FEBRUARY 2021/13TH MAGHA,1942
WP(C).No.7526 OF 2020(M)
PETITIONER:
D.GOPINATH, AGED 51 YEARS, S/O DAMODARA PANICKER, MANAGING PARTNER, SAKTHI TRADERS, ERUVA P.O., KAYAMKULAM
BY ADV. SRI.K.R.SUNIL
RESPONDENTS:
WP(C) No.6241,6643,6940,7173&7526/2020
: 9 :
5 T.A.SALIM, S/O T.A ALIYAR, THALAKKOTTIL HOUSE, VATTEKKUNNAM, NJALAKAM DESOM, THRIKKAKARA NORTH VILLAGE P.O., ERNAKULAM DISTRICT-682 030.
6 M.M ALI, S/O MOIDEEN, MATTAPPALLIL HOUSE, ARAKKAKADAVU, VENNALA P.O., KAKKANAD VILLAGE, ERNAKULAM-682 028.
7 ISMAIL P.B, S/O M.A.BAVA, PADINJAKKARA HOUSE, VATTEKKUNNAM, NJALAKAM DESOM, THRIKKAKARA NORTH VILLAGE, ERNAKULAM DISTRICT-682 030.
R1-3, R9 BY GOVERNMENT PLEADER SMT. K.M.RASHMI
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.02.2021, ALONG WITH WP(C).6241/2020(E), WP(C).6643/ 2020(E), WP(C).6940/2020(N), WP(C).7173/2020(V), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
[CR]
WP(C) No.6241,6643,6940,7173&7526/2020
: 10 :
N. NAGARESH, J.
W.P.(C) Nos.6241, 6643, 6940, 7173 and 7526 of 2020
Dated this the 2nd day of February, 2021
J U D G M E N T
~ ~ ~ ~ ~ ~ ~ ~ ~
Petitioners in all these writ petitions are doing
business in used papers. They buy old and used papers and sell it as raw materials for paper recycling industries. They have approached this Court aggrieved by conditions in the e-tender notification No.1308/D1/2019/Stationery dated 20.10.2019 issued by the Stationery Controller, Stationery Department, Government of Kerala.
No.1308/D1/2019/Stationery dated 20.10.2019 issued by the
WP(C) No.6241,6643,6940,7173&7526/2020 : 11 :
Stationery Controller (hereinafter referred to as ‘the Notification’ for short) provides that tenders quoting price below the Government approved market rate would not be approved. Those tenders quoting up to 30% above the current market rate will be treated as competitive bids and tenders exceeding the said limit will be treated as abnormal prices and would be rejected.
WP(C) No.6241,6643,6940,7173&7526/2020 : 12 :
intended to avoid unhealthy competition, the condition in effect is to bid in accordance with the rates published for a different period. The Notification was published in October, 2019. At
that time, the published rates were for the month from July, 2019 to September, 2019.
WP(C) No.6241,6643,6940,7173&7526/2020 : 13 :
contractors who have been selected are not the contractors who have quoted within the ceiling limit. Nor are they the persons who have quoted the highest rates. The proceedings pursuant to the said Notification are therefore highly illegal, arbitrary and unsustainable, contended the petitioners.
WP(C) No.6241,6643,6940,7173&7526/2020 : 14 :
market rate fixed for a particular kind of waste paper item. He can quote a maximum competitive rate up to 30% above the market rate. Quoted rate is not the exclusive factor in awarding a tender. History of performance of contractors is a decisive factor. The contract is not intended to be awarded solely on the basis of the highest quote.
of the Apex Court in Chairman, All India Railway Recruitment Board and another v. K. Shyam Kumar and others [(2010) 6 SCC 614] , the learned counsel for the
WP(C) No.6241,6643,6940,7173&7526/2020 : 15 :
petitioners urged that this Court is bound to interfere with the impugned tender proceedings since the proceedings are so reprehensible in its defiance of logic or of accepted standards that no sensible person who had applied his mind to the issue to be decided could have opted it.
another [2019 KHC 953] , the impugned Notification is liable to be set aside.
WP(C) No.6241,6643,6940,7173&7526/2020 : 16 :
State and is intended to cause loss to the State, this Court would be justified in setting aside the Notification and directing the State to issue a fresh Notification.
WP(C) No.6241,6643,6940,7173&7526/2020 : 17 :
than that of the previous year, due to competition among bidders. It is a common practice followed by the selected contractors not to lift waste papers from various Government offices. Many a time, bids are made on abnormal prices and subsequently the contractors refuse to lift waste paper. It was in these circumstances that it was decided to incorporate Clauses 11 and 13 to the tender conditions.
WP(C) No.6241,6643,6940,7173&7526/2020 : 18 :
immediately preceding period also. Clause 11 of the tender Notification states that market rates which are existing for the time being, will be the criteria. Therefore, if an authority competent to decide market rates of waste paper has notified the market rates for the preceding three months and that is the only official market rate which is available, the Controller of Stationery will be justified in taking the same as the market rate for the purpose of selection of bidders.
WP(C) No.6241,6643,6940,7173&7526/2020 : 19 :
these market rates were decided on the basis of average rates for various waste paper items published by the Economics and Statistics Department, Government of Kerala for the period from July, 2019 to September, 2019. The market rates are in public domain, especially in the website of Stationery Department. The petitioners cannot legally insist that the Stationary Controller should disclose the existing market rates in the tender Notification itself.
WP(C) No.6241,6643,6940,7173&7526/2020 : 20 :
competitiveness of the tender. Even if there are more than one tenderer who has quoted the same upper ceiling limit, the selection will be based on other criteria also. In short, the competitiveness of bidders is not decided on the basis of bid amounts alone.
WP(C) No.6241,6643,6940,7173&7526/2020 : 21 :
Notification. This Court does not find any illegality or irregularity in the conditions stipulated.
dated 20.10.2019 are in violation of Sections 3 and 4 of the Act, 2002.
that no enterprise or association of enterprises or person or association of persons shall enter into any agreement in respect of production, supply, distribution, storage, acquisition or control of goods or provision of services, which causes or is likely to cause an appreciable adverse effect on competition within India. Sub-section (2) of Section 3 states that any agreement entered into in contravention of the provisions contained in sub-section (1) shall be void. As per sub-section (3) of Section 3, any agreement entered into between enterprises or associations of enterprises or persons or associations of persons or between any person and enterprise
WP(C) No.6241,6643,6940,7173&7526/2020 : 22 :
or practice carried on, or decision taken by, any association of enterprises or association of persons, including cartels, engaged in identical or similar trade or goods or provision of services, which directly or indirectly determines purchase or sale prices shall be presumed to have an appreciable adverse effect on competition.
“enterprise” means a person or a department of the Government, who or which is, or has been, engaged in any activity, relating to the production, storage, supply, distribution, acquisition or control of articles or goods, or the provision of services, of any kind, or in investment, or in the business of acquiring, holding, underwriting or dealing with shares, debentures or other securities of any other body corporate, either directly or through one or more of its units or divisions or subsidiaries, whether such unit or division or subsidiary is located at the same place where the enterprise is located or at a different place or at different places, but does not include any activity of the Government relatable to the sovereign functions of the Government including all activities carried on by the departments of the Central Government dealing with atomic energy, currency, defence and space. Explanation – For the purposes of this clause, -
WP(C) No.6241,6643,6940,7173&7526/2020 : 23 :
(a) “activity” includes profession or occupation;
(b) “article” includes a new article and “service” includes a new service;
(c) “unit” or “division”, in relation to an enterprise, includes -
(i) a plant or factory established for the production, storage, supply, distribution, acquisition or control of any article or goods;
(ii) any branch or office established for the provision of any service.”
The activity of selling waste paper/used paper cannot be treated as an activity of the Government relatable to the sovereign functions of the Government. Therefore, the Stationery Controller representing the Government of Kerala would indeed fall within the definition of “enterprise”.
the Government offices in Kerala, cannot be said to be one causing an appreciable adverse effect on competition within
WP(C) No.6241,6643,6940,7173&7526/2020 : 24 :
India. Any agreements entered into between the Stationery Controller and contractors for sale/purchase of waste paper/used paper cannot be described as one directly or indirectly determining purchase or sale price in identical or similar trade of goods
WP(C) No.6241,6643,6940,7173&7526/2020 : 25 :
said to make the Government in a dominant position in the waste paper/used paper market in India. Therefore, the question of abuse of dominant position by the Stationery Controller or Government of Kerala does not arise. The contentions of the petitioners based on Sections 3 and 4 of the Competition Act, 2002 are therefore liable to be rejected.
For all the above reasons, this Court does not find any merit in these writ petitions and the writ petitions are hence dismissed.
Sd/- N. NAGARESH, JUDGE
aks/28.01.2021
WP(C) No.6241,6643,6940,7173&7526/2020 :26:
APPENDIX OF WP(C) 6241/2020
PETITIONER'S EXHIBITS:
| EXHIBIT | P1 TRUE COPY OF THE JUDGMENT DATED 14/06/2007 IN WPC NO. 11653/07. |
|---|---|
| EXHIBIT | P2 TRUE COPY OF THE CIRCULAR BEARING NO. 363/DI/2019/STATIONERY DATED 12/06/2019. |
| EXHIBIT | P3 TRUE COPY OF THE CIRCULAR BEARING NO. 415/DI/2019/DI/STATIONERY DATED 12/06/2019. |
| EXHIBIT | P4 TRUE COPY OF THE CIRCULAR BEARING NO. 413/DI/2019/STATIONARY DAD 06/07/2019. |
| EXHIBIT | P5 TRUE COPY OF THE CIRCULAR BEARING NO. 414/DI/2019/STATIONERY DATED 06/07/2019. |
| EXHIBIT | P6 TRUE COPY OF THE PRINT OUT OF THE BOQ (BILL OF QUANTITY) FROM THE OFFICIAL WEBSITE OF THE RESPONDENT. |
| EXHIBIT | P7 TRUE COPY OF THE NOTIFICATION NO. 1308/DI/2019/STATIONERY DATED 20/10/2019. |
| EXHIBIT | P8 A TRUE PRINT OUT OF THE DISTRICT WISE |
| RATE OF WASTE PAPER FOR THE PERIOD | |
| FROM JULY 2019 TO SEPTEMBER, 2019 | |
| RECOGNISED BY THE STATISTICS |
|
| DEPARTMENT, AVAILED OF FROM ITS OFFICIAL WEBSITE. |
|
| EXHIBIT | P9 A TRUE COPY OF THE E-TENDER DETAILS DOWN LOADED FROM THE OFFICIAL WEB SITE. |
| RESPOND | ENTS' EXHIBITS: |
| EXHIBIT | R1(a) A TRUE COPY OF THE LETTER |
| NO.E2629/2017/L.U.B DATED 01.02.2019 |
WP(C) No.6241,6643,6940,7173&7526/2020 :27:
APPENDIX OF WP(C) 6643/2020
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE E-TENDER NOTICE DATED 20.10.2019. EXHIBIT P2 A COPY OF THE BOQ SUMMERY DETAILS OF PURCHASE AND REMOVAL OF WASTE PAPER (KOLLAM). EXHIBIT P3 A COPY OF THE BOQ SUMMERY DETAILS OF PURCHASE AND REMOVAL OF WASTE PAPER (THRISSUR) EXHIBIT P4 A COPY OF THE BOQ SUMMERY DETAILS OF PURCHASE AND REMOVAL OF WASTER PAPER (PALAKKAD) EXHIBIT P5 A COPY OF THE BOQ SUMMERY DETAILS OF PURCHASE AND REMOVAL OF WASTE PAPER (MALAPPURAM) EXHIBIT P6 A COPY OF THE BOQ SUMMERY DETAILS OF PURCHASE AND REMOVAL OF WASTE PAPER (KOZHIKODE). EXHIBIT P7 A COPY OF THE DISTRICT WISE RATE OF WASTE PAPER FOR THE PERIOD FROM JULY 2019 TO SEPTEMBER 2019 IN 14 DISTRICTS. EXHIBIT P8 A COPY OF THE TENDER SUMMARY REPORT CANCELLING THE TENDER WITH RESPECT TO PURCHASE AND REMOVAL OF WASTE PAPER IN KOLLAM DISTRICT. EXHIBIT P9 A COPY OF THE RETENDER NOTIFICATION PUBLISHED BY THE 2ND RESPONDENT DATED 26.02.2020. EXHIBIT P10 A COPY OF THE RETENDER DETAILS PUBLISHED IN THE OFFICIAL WEBSITE FOR E-TENDERING.
WP(C) No.6241,6643,6940,7173&7526/2020
:28:
APPENDIX OF WP(C) 6940/2020
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE E-TENDER NOTICE DATED 20.10.2019 PUBLISHED BY THE 2ND RESPONDENT
EXHIBIT P2 A LETTER ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 25.2.2020 EXHIBIT P3 THE TRUE COPY OF THE RE-TENDER NOTICE ISSUED BY THE 2ND RESPONDENT DATED 26.2.2020 EXHIBIT P4 THE TENDER APPROVAL LETTER DATED 25.11.2019 ISSUED BY THE KERALA STATE LOTTERY DEPARTMENT TO THE PETITIONER. EXHIBIT P5 THE TRUE COPY OF THE INVOICE TO ONE JAYA CUTTING WORK, SIVAKASHI, DATED 5/2/2020 BY THE CONTROLLER FINANCE AND ACCOUNT KERALA BOOKS AND PUBLICATIONS SOCIETY EXHIBIT P6 THE TRUE COPY OF THE INVOICE TO ONE JAYA CUTTING WORK, SIVAKASHI, DATED 12/2/2020 BY THE CONTROLLER FINANCE AND ACCOUNT KERALA BOOKS AND PUBLICATIONS SOCIETY
WP(C) No.6241,6643,6940,7173&7526/2020
:29:
APPENDIX OF WP(C) 7173/2020
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE E-TENDER NOTICE DATED 20.10.2019 PUBLISHED BY THE 2ND RESPONDENT
EXHIBIT P2 A LETTER ISSUED BY THE 3RD RESPONDENT TO ONE OF A BIDDER PARTICIPATED IN THE ABOVE TENDER DATED 25.02.2020
EXHIBIT P3 THE TRUE COPY OF THE RE-TENDER NOTICE ISSUED BY THE 2ND RESPONDENT DATED 26.02.2020
EXHIBIT P4 THE TENDER APPROVAL LETTER DATED 25.11.2019 ISSUED BY THE KERALA STATE LOTTERY DEPARTMENT TO ONE VINAYAKA TRADERS
EXHIBIT P5 THE TRUE COPY OF THE INVOICE TO ONE JAYA CUTTING WORK, SIVAKASHI, DATED 5/2/2020 BY THE CONTROLLER FINANCE AND ACCOUNT KERALA BOOKS AND PUBLICATIONS SOCIETY
EXHIBIT P6 THE TRUE COPY OF THE INVOICE TO ONE JAYA CUTTING WORK, SIVAKASHI, DATED 12/2/2020 BY THE CONTROLLER FINANCE AND ACCOUNT KERALA BOOKS AND PUBLICATIONS SOCIETY
WP(C) No.6241,6643,6940,7173&7526/2020
:30:
APPENDIX OF WP(C) 7526/2020
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE E-TENDER NOTICE DATED 20.10.2019 PUBLISHED BY THE 2ND RESPONDENT
EXHIBIT P2 A LETTER ISSUED BY THE 3RD RESPONDENT TO ONE OF A BIDDER PARTICIPATED IN THE ABOVE TENDER DATED 25.2.2020
EXHIBIT P3 THE TRUE COPY OF THE RE-TENDER NOTICE ISSUED BY THE 2ND RESPONDENT
EXHIBIT P4 THE TENDER APPROVAL LETTER DATED 25.11.2019 ISSUED BY THE KERALA STATE LOTTERY DEPARTMENT TO ONE VINAYAKA TRADERS
EXHIBIT P5 THE TRUE COPY OF THE INVOICE TO ONE JAYA CUTTING WORK, SIVAKASHI DATED 5/2/2020 BY THE CONTROLLER FINANCE AND ACCOUNT KERALA BOOKS AND PUBLICATION SOCIETY
EXHIBIT P6 THE TRUE COPY OF THE INVOICE TO ONE JAYA CUTTING WORK, SIVAKASHI, DATED 12/2/2020 BY THE CONTROLLER FINANCE AND ACCOUNT KERALA BOOKS AND PUBLICATIONS SOCIETY
EXHIBIT P7 THE TRUE COPY OF THE INTERIM ORDER DATED 24/04/2020 IN WRIT APPEAL NO.637 OF 2020.
EXHIBIT P8 THE TRUE COPY OF THE LETTER DATED 18/05/2020 SEND BY THE 3RD RESPONDENT.
EXHIBIT P9 A COPY OF THE AGREEMENT EXECUTED BY THE 3RD RESPONDENT DURING THE FINANCIAL YEAR FEBRUARY 2017-2018.
WP(C) No.6241,6643,6940,7173&7526/2020
:31:
| EXHIBIT P10 | THE TEN | DERS | AWARD | ED TO | DIFFERENT |
|---|---|---|---|---|---|
| PERSONS | DURI | NG THE | FINAN | CIAL YEAR | |
| 2019-202 | 0 AN | D THE | AMOUNT | ACCEPTED | |
| RANGING | FROM | 24.07 | RS. TO | 81.99 RS. | |
| FOR | THE | D | ISTRICTS | FROM | |
| THIRUVAN 06/07/20 |
ANTHA 19. |
PURAM T | O KASAR | GODE DATED | |
| EXHIBIT P11 | THE TRUE DATED 02 |
COPY /06/2 |
OF THE 020. |
LAWYER | NOTICE |
SR
3 issues framed by the court
Was the ceiling of 30% above the approved market rate in the waste-paper tender illegal or destructive of competition?
Could the tender use published market rates for the preceding three months without reproducing them in the notification?
Did the waste-paper tender conditions violate Sections 3 and 4 of the Competition Act, 2002?
Colour shows how this judgement treated each authority
Jagdish Mandal v. State of Orissa and othersReferred¶137
[(2007) 14 SCC 517] · Who else cites this
Chairman, All India Railway Recruitment Board and another v. K. Shyam Kumar and othersReferred¶138
[(2010) 6 SCC 614] · Who else cites this
Sree Vigneshwara Packs (SV Packs) v. Travancore Devaswom Board and anotherReferred¶141
[2019 KHC 953]
4 provisions across 1 enactments
P.M.HASSANKUTTY
THE STATE OF KERALA
ASHA WASTE PAPER COMPANY
RINROSE TRADERS
CONTROLLER OF STATIONERY
ISMAIL P.B.
N.NAGARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
