Kerala High Court
P & C Projects Pvt. Ltd vs State Of Kerala on 11 August, 2021
WA No.905/2021 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Wednesday, the 11th day of August 2021 / 20th Sravana, 1943
I.A.1/2021 IN WA NO. 905 OF 2021
AGAINST JUDGMENT DATED 26.04.2021 IN WP(C) 2200/2021 OF THIS COURT.
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PETITIONER/3RD RESPONDENT:
M/S.INKEL LIMITED,DOOR NO.7/473 ZA-5 & 6,
AJIYAL COMPLEX,POST OFFICE ROAD,
KAKKANAD,COCHIN-682 030.
REPRESENTED BY ITS MANAGING DIRECTOR SHRI.A.MOHAN LAL.
RESPONDENTS/APPELLANT & RESPONDENT 1 AND 2:
1.M/S. P & C PROJECTS PVT. LTD., P AND C TOWERS,
2ND FLOOR 140, PERUNDURAI ROAD, ERODE-638011,
REPRESENTED BY ITS GENERAL MANAGER &
AUTHORIZED SIGNATORY T.VISWANATHAN
2.STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY,
DEPARTMENT OF HEALTH AND FAMILY WELFARE,216,
3RD FLOOR, NORTH SANDWICH BLOCK,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
P.T.O.
WA No.905/2021 2/5
3.KERALA STATE INFRASTRUCTURE INVESTMENT FUND BOARD (KIIFB),2ND FLOOR,
FELICITY SQUARE,MG ROAD,STATUE,THIRUVANANTHAPURAM-695 001,
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, SHRI.K.M.ABRAHAM.
Applicationn praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to vacate the interim
order dated 19.7.2021 passed by this Hon'ble Court in the above Writ
Appeal and permit this petitioner to finalize the tender and issue letter
of acceptance and proceed with the construction work of the Cochin Cancer
Research Centre, Ernakulam, on the basis of Ext.P15 tender proceedings.
This application coming on for orders on 11.08.2021 upon perusing
the application and the affidavit filed in support thereof, and upon
hearing the arguments of SRI.P.U.SHAILAJAN, ADVOCATE for the Petitioner,
SRI.MILLU DANDAPANI, ADVOCATE for the Respondent 1, SRI.V.TEKCHAND,
SENIOR GOVERNMENT PLEADER for the Respondent 2 and of SRI.NEERAJ NARAYAN,
ADVOCATE for the Respondent 3, the Court on the same day passed the
following:
P.T.O.
WA No.905/2021 3/5
EXT.P15:TRUE COPY OF NOTICE NO.NIT/INKEI/KIIFB/WOWO-21/118
DTD.22.2.2021 ISSUED BY THE 3RD RESPONDENT.
WA No.905/2021 4/5
S. MANIKUMAR, CJ & SHAJI P. CHALY, J.
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I.A. No. 1 of 2021
in
W.A No. 905 of 2021
---------------------------------------------------------
Dated this the 11th day of August, 2021.
ORDER
S. MANIKUMAR,CJ.
On 19th July, 2021, having regard to the nature of the project
'Cochin Cancer Research Centre, Ernakulam', funded by the Kerala
State Infrastructure Investment Fund Board, respondent No.2 and
M/s. Inkel Limited, third respondent, a Special purpose vehicle for the
above project acting on behalf of the State, this Court allowed the
respondents to proceed with the tender process and directed not to
notify the results pending further orders in the appeal.
2. Now, I.A. No. 1 of 2021 is filed by M/s. Inkel Limited, the
third respondent in the appeal seeking to vacate the interim order
dated 19.07.2021 and to permit the petitioner/third respondent to
finalise the tender and issue letter of acceptance and proceed with the
construction work of the Cochin Cancer Research Centre, Ernakulam
on the basis of Ext. P15 tender proceedings.
3. Even though Mr. P.U. Shailajan, learned counsel for the
WA No.905/2021 5/5
petitioner/third respondent in the appeal made submissions to the effect
that having regard to the nature of the project and since the tender
process has already been finalised, construction has to be started and
therefore, sought to vacate the interim order granted by this Court on
19.07.2021, we are not inclined to vacate the interim order for the
reason that vacating the interim order without hearing the parties on the
merits of the case, as well as to the correctness and legality of the
judgment impugned is not proper. That apart, vacating the interim order
would make the writ appeal infructuous or fait accompli.
In that view of the matter, I.A.No. 1 of 2021 is dismissed.
However, registry is directed to post the matter on 26.08.2021.
sd/-
S. MANIKUMAR,
CHIEF JUSTICE.
sd/-
SHAJI P. CHALY,
JUDGE.
Rv
11-08-2021 /True Copy/ Assistant Registrar
