Karnataka High Court
M/S Wisdom Security Services vs State Of Karnataka on 2 August, 2022
Bench: Acting Chief Justice, S Vishwajith Shetty
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF AUGUST, 2022
PRESENT
THE HON'BLE MR. ALOK ARADHE, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT APPEAL NO.517 OF 2022 (GM-TEN)
BETWEEN:
M/S. WISDOM SECURITY SERVICES
NO.106, 1ST FLOOR
40 FEET ROAD
MANJUNATHANAGAR
WEST CHORD ROAD
BANGALORE - 560 010
REPRESENTED BY ITS
PROPRIETOR N.C.PRAKASH
... APPELLANT
(BY SRI PRASAD HEGDE K, ADVOCATE)
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF FINANCE
VIDHANA SOUDHA
AMBEDKAR VEEDHI
BANGALORE - 560 001
REPRESENTED BY
ADDL. CHIEF SECRETARY
2. M/S. KARNATAKA STATE
BEVERAGES CORPORATION LTD
4TH FLOOR, A BLOCK
TTMC BUILDING, BMTC
-2-
SHANTHINAGAR
BANGALORE - 560 027
REPRESENTED BY ITS
MANAGING DIRECTOR
3. THE EXECUTIVE DIRECTOR
M/S KARNATAKA STATE
BEVERAGES CORPORATION LTD
4TH FLOOR, A BLOCK
TTMC BUILDING, BMTC
SHANTHINAGAR
BANGALORE - 560 027
4. M/S KSF9 CORPORATE SERVICES
PRIVATE LIMITED
MR MANSION, NO.26-34/4
OLD OUTER RING ROAD
OPP. KALAGRAMA
JNANA JYOTHI NAGAR
MALLATHAHALLI
BANGALORE - 560 056
REPRESENTED BY ITS
MANAGING DIRECTOR
... RESPONDENTS
(BY SRI VIJAY KUMAR A PATIL, AGA FOR R-1;
SRI MADHU N RAO, ADVOCATE FOR R-2 & 3;
SRI D R RAVISHANKAR, SENIOR COUNSEL FOR
SRI ABHIJEET S K RAI, ADVOCATE FOR R-4)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF
THE KARNATAKA HIGH COURT ACT PRAYING TO SET
ASIDE THE ORDER PASSED IN WRIT PETITION
NO.9117/2022 (GM-TEN) DATED 27.05.2022 BY THE
LEARNED SINGLE JUDGE AND ALLOW THE WRIT
PETITION.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY
HEARING THIS DAY, ACTING CHIEF JUSTICE DELIVERED
THE FOLLOWING:
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JUDGMENT
Sri K.Prasad Hegde, learned counsel for the
appellant.
Sri Vijay Kumar A. Patil, learned Additional
Government Advocate for respondent No.1.
Sri Madhu N. Rao, learned counsel for
respondent Nos.2 and 3;
Sri D R Ravishankar, learned Senior Counsel
for Sri Abhijeet S.K. Rai, learned counsel for
respondent No.4.
This intra Court appeal under Section 4 of the
Karnataka High Court Act, 1961 has been filed
against an order dated 27.05.2022 passed by the
learned Single Judge by which, the writ petition
preferred by the appellant has been disposed of with
the direction to the Managing Director of
M/s.Karnataka State Beverages Corporation Limited
to decide the dispute expeditiously.
2. The facts giving rise to filing of this appeal
briefly stated are that M/s.Karnataka State
Beverages Corporation Limited (hereinafter referred
to as 'the Corporation' for short) had issued a
e-procurement tender for outsourcing the services of
Security Guards to IML Depots of the Corporation
located in east, west, north and south zones.
Respondent No.4 was treated as the lowest bidder.
The aforesaid decision of the Corporation was
assailed by the appellant in the writ petition.
3. The learned Single Judge, in view of the
fact that the appellant had already raised a dispute
by submitting the representation dated 21.04.2022
and in view of Clause 30 of the tender document
which provides for resolution of disputes by the
Managing Director of the Corporation, disposed of
the writ petition with the direction to the Managing
Director to take a decision expeditiously.
4. It is not in dispute that in pursuance of
the aforesaid direction issued by the learned Single
Judge, the Managing Director of the Corporation, by
an order dated 21.06.2022, decided the dispute
raised by the appellant. The said decision is not
under challenge in this appeal.
5. Therefore, we deem it proper to dispose of
this appeal with the liberty to the appellant to take
recourse to such remedy as may be available to it in
law with regard to its grievance, if any.
In view of disposal of the appeal, the pending
interlocutory applications do not survive for
consideration and are accordingly disposed of.
Sd/-
ACTING CHIEF JUSTICE
Sd/-
JUDGE
bkv
