Petitioner challenged cancellation of a jute bag supply contract alleging delay due to missing FSSAI numbers. Court dismissed petition granting time to supply until January 23, 2023, reserving right for respondents to re-tender on failure.
Petition dismissed granting time to supply entire quantity of jute bags on or before 23.01.2023.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
W.P.(C) NO.1478 OF 2023
PETITIONER:
M/S. ANJANA TRADES AND AGENCIES, 42/847, HARIVARAM, PONNURUNNI, THAMMANAM.P.O., PIN-682 032 REPRESENTED BY ITS PROPRIETOR K.SANKARAN, AGED 57 YEARS, S/O.ARAVINDAKSHA MENON, 'HARIVARAM', KAROLIL HOUSE, KAROLIL LANE, THAMMANAM.P.O., POONITHURA VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN-682 032.
BY ADV MINI.V.A.
RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS, VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN-695 033.
2 THE CHAIRMAN & MANAGING DIRECTOR, KERALA STATE CIVIL SUPPLIES CORPORATION LIMITED, P.B.NO.2030, MAVELI BHAVAN, MAVELI ROAD, GANDHINAGAR, KOCHI, PIN-682 020.
3 THE MANAGER(PADDY PROCUREMENT), KERALA STATE CIVIL SUPPLIES CORPORATION LIMITED, P.B.NO.2030, MAVELI BHAVAN, MAVELI ROAD, GANDHINAGAR, KOCHI, PIN-682 020.
SRI. P.S. APPU, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C) NO.1478 OF 2023
JUDGMENT
Dated this the 17th day of January, 2023
This writ petition is filed challenging Ext.P9 order, cancelling the contract for supply of jute bags awarded to the petitioner alleging delay in supplying the article. According to the petitioner, the delay had occurred due to failure of the Supplyco to provide the correct FSSAI numbers of the rice mills. The Supplyco, on the other hand, alleges that the said reason is projected as an excuse to get over the delay.
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W.P.(C) NO.1478 OF 2023
already commenced and will also initiate steps for realising the differential amount, if any, from the petitioner.
The writ petition is accordingly disposed of, recording the petitioner's submission that the entire quantity of jute bags will be supplied on or before 23.01.2023 and reserving the Supplyco's right to proceed with re-tender and take appropriate recovery measure if the petitioner fails to effect supply on or before 23.01.2023.
Sd/- V.G. ARUN JUDGE
bpr
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W.P.(C) NO.1478 OF 2023
APPENDIX OF WP(C) 1478/2023
PETITIONER'S EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE PURCHASE ORDER, SUPPLYCO PO.NO:PADDY/202223-039 DATED 23-12-2022. EXHIBIT P2 THE TRUE COPY OF THE LETTER NO. ATA/SPYCO/001/2022-23 DATED 31-12-2022 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT. EXHIBIT P3 THE TRUE COPY OF THE BANK STATEMENT HAVING IMPS REF NO:2022122716523756 OF CSB BANK LTD., PONNURUNNI BRANCH DATED 27-12-2022. EXHIBIT P4 THE TRUE COPY OF THE COMPLAINT DATED 04-01-2023 FILED AGAINST THE PROPRIETOR OF TARUN ENTERPRISES BEFORE THE INSPECTOR OF POLICE(MOBILE NO: 9009180157), SONKATCH POLICE STATION, MADHYA PRADESH, 455 118. EXHIBIT P5 THE TRUE COPY OF THE COMPLAINT DATED 10-01-2023 SUBMITTED BEFORE THE STATION HOUSE OFFICER, PALARIVATTOM POLICE STATION.
EXHIBIT P6 THE TRUE COPY OF THE RTGS TRANSACTION VIDE UTR NO: CSBKH23011000008 DATED 11-01-2023. EXHIBIT P7 THE TRUE COPY OF THE NOTICE NO. PADDY 3-42251/22 DATED 11-01-2023. EXHIBIT P8 THE TRUE COPY OF THE REPLY DATED 11-01-2023 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT. EXHIBIT P9 THE TRUE COPY OF THE ORDER NO. PADDY 3-42251/22 DATED 13-01-2023 ISSUED BY THE 3RD RESPONDENT CANCELLING THE TENDER. EXHIBIT P10 THE TRUE COPY OF THE REPRESENTATION DATED 13-1-2023 E-MAILED BY THE PETITIONER TO THE 2ND AND 3RD RESPONDENTS.
1 issue framed by the court
Whether writ petition challenging cancellation of jute bag supply contract on grounds of delay deserves to be dismissed on terms of supply if timelines are met.
M/S. ANJANA TRADES AND AGENCIES
THE STATE OF KERALA
THE CHAIRMAN & MANAGING DIRECTOR, KERALA STATE CIVIL SUPPLIES CORPORATION LIMITED
THE MANAGER(PADDY PROCUREMENT), KERALA STATE CIVIL SUPPLIES CORPORATION LIMITED
V.G. ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
