Kerala High Court
M/S.Omega Elevators vs State Of Kerala on 7 April, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943
WP(C).No.7399 OF 2021(Y)
PETITIONER:
M/S.OMEGA ELEVATORS
3RD FLOOR, KURIAN TOWER, BANERJI ROAD, ERNAKULAM,
KERALA - 682018, HAVING REGISTERED OFFICE AT 11,
SANJEEV BAUG SOCIETY, NEW SHARDA MANDIR ROAD, PALDI,
AHMEDABAD, GUJARAT - 380007, REPRESENTED BY ITS
AUTHORIZED SIGNATORY,
MR. RAGHU RAGHAVAN.
BY ADVS.
SRI.R.JAIKRISHNA
KUM.NARAYANI HARIKRISHNAN
RESPONDENTS:
1 STATE OF KERALA
DEPARTMENT OF HEALTH AND FAMILY WELFARE, SECRETARIAT,
6TH FLOOR, THIRUVANANTHAPURAM G.P.O, - 695001,
REPRESENTED BY ITS PRINCIPAL SECRETARY.
2 MALABAR CANCER CENTRE
MOOZHIKKARA P.O, THALASSERY, KANNUR - 670103,
REPRESENTED BY ITS - DIRECTOR.
3 UNION OF INDIA
MINISTRY OF HOUSING AND URBAN AFFAIRS, CENTRAL PUBLIC
WORKS DEPARTMENT, GROUND FLOOR, A-WING, NIRMAN BHAWAN
P.O, NEW DELHI - 110011, REPRESENTED BY ITS DIRECTOR
GENERAL.
R2 BY ADV. SHRI.P.SREEKUMAR, SC, MALABAR CANCER
CENTRE
R3 BY SRI.M.A.VINOD, CGC
SMT.PRINCY XAVIER, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.7399 OF 2021(Y)
2
JUDGMENT
Dated this the 07th day of April 2021
The writ petition was filed seeking the
following reliefs:
"i) To call for the records leading to
Ext.P1 tender notice and conditions and quash
the same by means of an appropriate writ or
order.
ii) To issue writ of mandamus or other
appropriate writ or order directing the 2nd
respondent to withdraw eligibility criteria
from Ext.P1 - tender document wherein
Category "A" Lift manufacturers as per the
CPWD Works Manual alone is permitted to
participated in the bid or alternatively
direct the 2nd respondent to permit the
petitioner to offer its bid for Ext P1 -
Tender Notice (NIT) for the supply,
installation, testing and commissioning of
BED/PASSENGER LIFT (06 Nos.) in Malabar
Cancer Centre;
iii) Issue a writ in the nature of
certiorari quashing and setting aside
condition in the Ext P1 - Tender Notice (NIT)
for the supply, installation, testing and
commissioning of BED/PASSENGER LIFT (06 Nos.)
in Malabar Cancer Centre which entitles
Category "A" Lift manufacturers as per the
CPWD Works Manual alone to participate in the
WP(C).No.7399 OF 2021(Y)
tender process;
iv) Hold and declare by means of an
appropriate writ or order that limiting the
participation in the tender to Category "A"
Lift manufacturers as per the CPWD Works
Manual alone in an open tender process is
arbitrary as well as illegal as it seeks to
make the tender manufacture specific and is
per se illegal and without any application;
and
v) Grant such other reliefs or orders
as this Hon'ble Court may deemed fit to grant
in the facts and circumstances of the case."
2. The learned counsel appearing for the
petitioner submitted that the respondents have
removed the conditions which are impugned in the
writ petition.
Therefore the writ petition is closed.
Sd/-
P.V.ASHA
JUDGE
DM
WP(C).No.7399 OF 2021(Y)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE E-TENDER NOTICE/DNIT
ALONG WITH TENDER CONDITIONS FOR THE
WORK DATED 15.1.2021.
EXHIBIT P2 TRUE COPY OF ISO 9001/2015 CERTIFICATE
DATED 29.11.2018.
EXHIBIT P2(A) TRUE COPY OF ISO 45001/2018 CERTIFICATE
DATED 27.09.2018.
EXHIBIT P2(B) TRUE COPY OF FACTORY LICENSE ISSUED
DIRECTORATE INDUSTRIAL SAFETY AND
HEALTH, GUJARAT DATED 20.2.2018
EXHIBIT P2(C) TRUE COPY OF MEMORANDUM OF SETTING UP
MICRO SMALL OR MEDIUM ENTERPRISES
ISSUED BY DISTRICT INDUSTRIES CENTER,
GUJARAT DATED 11.07.2013.
EXHIBIT P2(D) TRUE COPY OF CERTIFICATE OF RECOGNITION
ISSUED BY THE DIRECTORATE GENERAL OF
FOREIGN TRADE DATED 26.11.2015.
EXHIBIT P3 TRUE COPY OF THE LICENSE TO OPERATE
LIFT ISSUED BY THE CHIEF ELECTRICAL
INSPECTOR, GOVERNMENT OF MAHARASHTRA
ALONG WITH ITS ENGLISH TRANSLATION
DATED 7.2.2019.
EXHIBIT P4 TRUE COPY OF THE RELEVANT EXTRACT OF
THE INTIMATION OF ACCEPTANCE OF BID
ISSUED BY THE EXECUTIVE ENGINEER,
RASTRAPATI BHAWAN ALONG WITH THE TYPED
COPY OF THE SAME DATED 16.05.2015.
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION OF THE
PETITIONER DATED 10.03.2021.
EXHIBIT P6 TRUE COPY OF THE FINAL JUDGMENT OF
TELENGANA HIGH COURT IN WP/11478/2019
AND WP/11481/2019 AS OBTAINED FROM THE
HIGH COURT WEBSITE DATED 17.9.2019.
EXHIBIT P7 TRUE COPY OF THE INTERIM ORDER PASSED
BY THIS HON'BLE COURT IN WP(C) NO.
20336/2019 DATED 25.07.2019.
WP(C).No.7399 OF 2021(Y)
EXHIBIT P7(A) TRUE COPY OF THE INTERIM ORDER PASSED
BY THIS HON'BLE COURT IN WP(C)
NO.11204/2020 DATED 09.06.2020.
EXHIBIT P7(B) TRUE COPY OF THE INTERIM ORDER PASSED
BY THIS HON'BLE COURT IN WP(C)
NO.11205/2020 DATED 09.06.2020.
EXHIBIT P7(C) TRUE COPY OF THE INTERIM ORDER PASSED
BY THIS HON'BLE COURT IN WP(C)
NO.11206/2020 DATED 09.06.2020.
EXHIBIT P7(D) TRUE COPY OF THE INTERIM ORDER PASSED
BY THIS HON'BLE COURT IN WP(C)
NO.18376/2020 DATED 08.09.2020.
EXHIBIT P7(E) TRUE COPY OF THE REVISED GUIDELINE
ISSUED BY THE CENTRAL PUBLIC WORKS
DEPARTMENT DATED 20.04.2020.
EXHIBIT P8 TRUE COPY OF THE INTERIM ORDER OF
HON'BLE HIGH COURT OF BOMBAY IN WRIT
PETITION NO. 748/2020 AND CONNECTED
CASE AS OBTAINED FROM THE WEBSITE OF
THE SAID HIGH COURT DATED 11.03.2020.
EXHIBIT P8(A) TRUE COPY OF THE INTERIM ORDER OF
HON'BLE HIGH COURT OF MADRAS IN WP NO.
7051/2020 AND CONNECTED CASES AS
OBTAINED FROM THE WEBSITE OF THE SAID
HIGH COURT DATED 19.3.2020.
EXHIBIT P8(B) TRUE COPY OF THE INTERIM ORDER OF
HON'BLE HIGH COURT OF HYDERABAD IN WRIT
PETITION NO. 44049/2018 AS OBTAINED
FROM THE WEBSITE OF THE SAID HIGH COURT
DATED 13.12.2018.
EXHIBIT P8(C) TRUE COPY OF THE INTERIM ORDER OF
HON'BLE HIGH COURT OF CALCUTTA IN MAT
NO. 1218/2019 AND CONNECTED CASES AS
OBTAINED FROM THE WEBSITE OF THE SAID
HIGH COURT DATED 30.08.2019.
EXHIBIT P8(D) TRUE COPY OF THE INTERIM ORDER OF
HON'BLE HIGH COURT OF MADHYA PRADESH IN
WRIT PETITION NO. 12880/2018 AS
OBTAINED FROM THE WEBSITE OF THE SAID
HIGH COURT DATED 16.08.2018.
WP(C).No.7399 OF 2021(Y)
EXHIBIT P8(E) TRUE COPY OF THE INTERIM ORDER OF
HON'BLE HIGH COURT OF CALCUTTA IN WRIT
PETITION NO. 486/2018 AS OBTAINED FROM
THE WEBSITE OF THE SAID HIGH COURT
DATED 11.10.2018.
EXHIBIT P8(F) TRUE COPY OF THE INTERIM ORDER HON'BLE
HIGH COURT OF ALLAHABAD IN WRIT
PETITION NO. 8560/2020 AS OBTAINED FROM
THE WEBSITE OF THE SAID HIGH COURT
DATED 6.3.2020.
EXHIBIT P8 (G) TRUE COPY OF THE INTERIM ORDER OF
HON'BLE HIGH COURT OF ORISSA IN WRIT
PETITION NO.11298/2018 AND CONNECTED
CASES AS OBTAINED FROM THE WEBSITE OF
THE SAID HIGH COURT DATED 29.07.2019.
EXHIBIT P9 TRUE COPY OF THE OFFICE ORDER ISSUED BY
THE MINISTRY OF COMMERCE AND INDUSTRY,
GOVERNMENT OF INDIA DATED 29.05.2019.
EXHIBIT P9(A) TRUE COPY OF THE COMMUNICATION ISSUED
BY THE PRIME MINISTERS OFFICE LONG WITH
THE TYPED COPY OF THE SAME DATED
03.01.2019.
EXHIBIT P10 TRUE COPY OF OFFICE MEMORANDUM ISSUED
BY THE CP WD DATED 10.01.2019.
EXHIBIT P11 A TRUE COPY OF THE ELIGIBILITY CRITERIA
ISSUED BY CPWD DATED 25.10.2019.
EXHIBIT P12 TRUE COPY OF WORK ORDER ISSUED BY CPWD
SURAT TO THE PETITIONER DATED
22.08.2020.
EXHIBIT P12(A) TRUE COPY OF WORK ORDER ISSUED BY CPWD
JAMNAGAR TO THE PETITIONER DATED
06.07.2020.
EXHIBIT P12(B) TRUE COPY OF WORK ORDER ISSUED BY CPWD,
SHILLONG TO THE PETITIONER DATED
27.02.2020.
EXHIBIT P12(C) TRUE COPY OF WORK ORDER ISSUED BY CPWD
SHILLONG TO THE PETITIONER DATED
6.8.2020.
EXHIBIT P12(D) TRUE COPY OF WORK ORDER ISSUED BY CPWD,
KARNAL TO THE PETITIONER DATED
WP(C).No.7399 OF 2021(Y)
30.05.2020.
EXHIBIT P12(E) TRUE COPY OF WORK ORDER ISSUED BY CPWD,
NEW DELHI TO THE PETITIONER DATED
10.06.2020.
EXHIBIT P12(f) TRUE COPY OF WORK ORDER ISSUED BY CPWD,
SURAT TO THE PETITIONER DATED
28.01.2020.
EXHIBIT P12(G) TRUE COPY OF WORK ORDER ISSUED BY CPWD,
VISHAKAPATTANAM TO THE PETITIONER DATED
19.03.2020.
EXHIBIT P12(H) TRUE COPY OF WORK ORDER ISSUED BY CPWD
NEW DELHI TO THE PETITIONER DATED
24.06.2020.
EXHIBIT P13 TRUE COPY OF THE RULES FOR ENLISTMENT
OF THE CONTRACTORS IN CPWD, 2020 DATED
NIL.
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
