M/S Thematics Infotech Pvt. Ltd., vs The Commissioner,
2021 Latest Caselaw 1385 Kant

                             1
     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 25TH DAY OF JANUARY, 2021

                         PRESENT

        THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA

                            AND

            THE HON'BLE MRS.JUSTICE M.G.UMA

                W.A.No.68/2020 (GM - TEN)

BETWEEN:

M/s Thematics Infotech Pvt. Ltd.,
A private limited Company registered
Under the Companies Act having its
Office at No.10 & 11, 2nd floor, NAT Street,
Gandhibazar, Basavanagudi,
Bengaluru - 560 004.
Rep. by its Managing Director,
Sri. Raju M.S.                            ... Appellant

(By Sri.Gangadharaiah A.N., Advocate)

AND:

1.     The Commissioner,
       Bruhath Bangalore Mahanagara Palike,
       N.R.Squares,
       Bengaluru - 560 027.

2.     The Executive Engineer (Projects)
       East Bruhath Bengaluru Mahanagara Palike,
       Nethaji Subhash Chandra Bose Road,
       21st Floor, P.U.B.Building,
       M.G.Road, Bengaluru - 560 001.
                              2


3.   The Special Commissioner (Project),
     Bruhath Bengaluru Mahanagara Palike,
     N.R.Squares,
     Bengaluru - 560 027.

4.   M/s. Geometry Engineers and Consultants,
     No.50(38/1), 2nd Floor,
     Serpentine Road,
     Kumara Park West,
     Bengaluru - 560 020.
     Represented by its Partner,
     Sri. Amarnath Hegde,
     S/o Sri.K.Shankar Hegde,
     Aged about 56 years          ... Respondents

(By Sri. K.N.PPuttegowda, Advocate for R-1 to R-3(VC),
  Sri. Ashok Haranahalli, Senior Counsel for Sri. Hareesh
  Bhandary T., Advocate for R-4 )

      This appeal is filed under Section 4 of the Karnataka
High Court Act praying to stay the operation of the
impugned order passed by the learned Single Judge in Writ
Petition No.20698/2019 dated 03/01/2020, pending
disposal of the above Writ Petition.

     This appeal coming on for Preliminary Hearing this
day, NAGARATHNA, J., delivered the following:

                        JUDGMENT

I.A.No.1/2020 has been filed by respondent No.4 seeking

vacating of interim order dated 27.01.2020 granted by a Co-

ordinate Bench of this Court restraining the respondent -

Bruhath Bengaluru Mahanagara Palike (for brevity herein after

referred to as "BBMP") from paying any amount to respondent

No.4 until further orders. In the circumstances, we have heard

learned counsel and learned Senior counsel for the respective

parties on the merits of the matter.

2. Briefly stated the facts are that, the appellant as well

as respondent No.4 herein apart from M/s Alcon Consulting

Engineers Private limited had submitted their respective bids

pursuant to tender notification dated 22.02.2017 and

Corrigendum dated 27.0.2017. The date for opening of the

technical bids was on 08.05.2017. All the three bidders were

successful. Financial bids were also opened. On the same day,

technical bids were opened and work orders in respect of initial

28 works were given to the writ petitioner/respondent No.4

herein. Subsequently, three work orders were also given,

totalling 31 work orders. Being aggrieved by the same,

appellant herein had preferred an appeal before the Special

Commissioner (Projects), B.B.M.P. This was pursuant to the

order passed by this Court in W.P.No.49011/2018 filed by the

appellant herein assailing the awarding of work orders to

respondent No.4 herein. The said writ petition was, disposed of

reserving liberty to the appellant herein to file an appeal. That is

how the appeal was filed before the Special Commissioner,

(Projects) BBMP.

3. It is not in dispute that respondent No.4 herein, who

was awarded the tender and granted 31 work orders was also

heard by the appellate authority and ultimately, by order dated

07.03.2019, award of tender to respondent No.4 herein was

cancelled and it was directed that the tender should be awarded

to the appellant herein.

4. Being aggrieved, respondent No.4 filed

W.P.No.20698/2019 before this Court. Learned Single Judge by

order dated 03.01.2020 set aside the cancellation of the work

order insofar as 31 works already completed by respondent No.4

herein and also directed the BBMP to payup bills in respect of 31

completed works expeditiously. It was also ordered that issuance

of work orders to respondent No.4 in respect of other works

would not in any way be a impediment. Being aggrieved, this

appeal has been preferred.

5. During the course of submissions, it has been brought

to our notice that in respect of 31 work orders, respondent No.4

has already completed the work and bills have been submitted

and payments are due. It is, at this stage, that a Co-ordinate

Bench of this Court pursuant to the impugned order, passed an

interim order restraining the payment of bills and hence, an

application I.A.No.1/2020 has been filed seeking vacating of the

interim order and same may be vacated.

6. In the circumstances, while hearing learned counsel for

the respective parties and on perusal of the impugned order, it is

noted that appellant cannot have any dispute with regard to

awarding of 31 work orders to respondent No.4 at this stage,

since respondent No.4 has already completed the said works and

payments are due to them.

7. Learned counsel for the appellant submitted that this

appeal is filed by being aggrieved by the order of the learned

Single Judge. Learned counsel for the appellant contended that

insofar as other work orders to be granted, having regard to the

fact that the appellant - authority had cancelled the tender

awarded to respondent No.4 and only 31 work orders under the

said order have been awarded to the said respondent, insofar as

the other work orders are concerned, the case of the appellant

may also be taken note of. In that regard, it was contended by

the appellant's counsel that appellant was the lowest bidder and

that respondent No.4 was not all the lowest bidder and secondly,

there are other infirmities in the bid submitted by respondent

No.4. Therefore, appropriate direction may be issued to the

BBMP - respondents No.1 to 3 herein, insofar as awarding of

other work orders under tender notification dated 22.02.2017

are concerned.

8. Learned Senior counsel appearing for respondent No.4

submitted that there can now be no dispute with regard to 31

work orders already completed and but, for the interim stay

granted by this Court in this appeal, payment would also have

been made. Therefore, the interim order may be vacated and

writ appeal may be disposed. Appellant cannot have any

objection with regard to the direction issued to the respondents -

BBMP to expedite the payment of bills in respect of 31 work

orders, which have been executed by the respondent No.4

herein.

9. Learned counsel for respondents No.1 to 3 - BBMP

submitted that order of the learned Single Judge and direction

issued therein shall be complied.

10. Be that as it may. We observe that since the tender

insofar respondent No.4 was cancelled by the appellant-

authority, but, by then 28 + 3=31 work orders had already been

issued and with the passage of time, said work orders were also

executed, the direction issued by the learned Single Judge to

expedite payment of the said bills raised by respondent No.4 is

sustained. The respondent-authorities to expedite the payment

on the bills raised by respondent No.4. The appellant can have

no grievance with regard to that aspect of the matter.

11. However, the significant aspect of the matter is that

the cancellation of the tender insofar respondent No.4 is

concerned, has not been really interfered with by the learned

Single Judge. Learned Single Judge has observed that his order

would not come in the way of issuing any work order to

respondent No.4 in respect of the works other than the

remaining works. Insofar as that is concerned, we direct

respondents No.1 to 3 to consider the inter se merit of the

bidders and to award work orders accordingly pursuant to the

tender notification dated 22.02.2017.

With the above observations, the appeal stands disposed.

In view of the disposal of the appeal, I.A.No.1/2020 stands

disposed and interim order granted on 27.01.2020 is vacated.

Sd/-

JUDGE

Sd/-

JUDGE

Psg*