Kerala High Court
He -Man Auto Robopark (P) Limited vs Union Of India on 5 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942
WP(C).No.710 OF 2021(K)
PETITIONER:
HE -MAN AUTO ROBOPARK (P) LIMITED
HAVING ITS REGISTERED OFFICE AT SOUTH ATTARA,
MOOKKANNOOR P. O., ANGAMALY, ERNAKULAM - 683 577,
REPRESENTED BY ITS AUTHORISED REPRESENTATIVE NITHIN
PAUL, AGED 29 YEARS, S/O. POULOSE, RESIDING AT PUTHEN
PUTHUSSERY HOUSE, MOOKKANNOOR P. O., ANGAMALY - 683
577, WORKING AS MARKETING ENGINEER, HE-MAN AUTO
ROBOPARK (P) LIMITED.
BY ADVS.
SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
SRI.A.R.DILEEP
SRI.P.J.JOE PAUL
SRI.MANU SRINATH
SRI.RAJAN G. GEORGE
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY, MINISTRY OF ROAD,
TRANSPORT AND HIGHWAYS, TRANSPORT BHAWAN, 1
PARLIAMENT STREET, NEW DELHI - 110 001.
2 NATIONAL HIGHWAYS INFRASTRUCTURE DEVELOPMENT
CORPORATION LIMITED
3RD FLOOR, PTI BUILDING, 4 PARLIAMENT STREET, NEW
DELHI - 110 001, REPRESENTED BY ITS MANAGING
DIRECTOR.
3 MANAGING DIRECTOR
NATIONAL HIGHWAYS INFRASTRUCTURE DEVELOPMENT
CORPORATION LIMITED, 3RD FLOOR, PTI BUILDING, 4
PARLIAMENT STREET, NEW DELHI - 110 001.
4 THE TECHNICAL DIRECTOR
NATIONAL HIGHWAYS INFRASTRUCTURE DEVELOPMENT
CORPORATION LIMITED, 3RD FLOOR, PTI BUILDING, 4
PARLIAMENT STREET, NEW DELHI - 110 001.
5 GENERAL MANAGER (TECHNICAL)
NATIONAL HIGHWAYS INFRASTRUCTURE DEVELOPMENT
W.P.(C) Nos.710,1091
&1100 of 2021
2
CORPORATION LIMITED, 3RD FLOOR, PTI BUILDING, 4
PARLIAMENT STREET, NEW DELHI - 110 001.
6 KOCHI METRO RAIL LIMITED
HAVING ITS REGISTERED OFFICE AT JLN METRO STATION,
4TH FLOOR, KALOOR, ERNAKULAM - 682 017, REPRESENTED
BY ITS MANAGING DIRECTOR.
R1 BY SRI.DINESH CHERUKAT, SC, RAILWAYS
R1 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA
R6 BY ADV. SRI.K.JAJU BABU (SR.)
R6 BY SMT.M.U.VIJAYALAKSHMI, SC, KOCHI METRO RAIL
LTD.
SRI.DINESH RAO,SC,RAILWAYS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.02.2021, ALONG WITH WP(C).1091/2021(J), WP(C).1100/2021(J),
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.710,1091
&1100 of 2021
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942
WP(C).No.1091 OF 2021(J)
PETITIONER:
HE-MAN AUTO ROBOPARK (P) LIMITED
HAVING ITS REGISTERED OFFICE AT SOUTH ATTARA,
MOOKKANNOOR P.O., ANGAMALY, ERNAKULAM - 683 577
REPRESENTED BY ITS AUTHORISED REPRESENTATIVE NITHIN
PAUL, AGED 29 YEARS, S/O.POULOSE, RESIDING AT
PUTHEN PUTHUSSERY HUSE, MOOKKANNOOR P.O., ANGAMALY
- 683 577 WORKING AS MARKETING ENGINEER, HE-MAN
AUTO ROBOPARK (P) LIMITED.
BY ADVS.
SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
SRI.A.R.DILEEP
SRI.P.J.JOE PAUL
SRI.MANU SRINATH
SRI.RAJAN G. GEORGE
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY, MINISTRY OF ROAD,
TRANSPORT AND HIGHWAYS, TRANSPORT BHAWAN, 1
PARLIAMENT STREET, NEW DELHI - 110 001.
2 NATIONAL HIGHWAYS INFRASTRUCTURE DEVELOPMENT
CORPORATION LIMITED
3RD FLOOR, PTI BUILDING, 4 PARLIAMENT STREET, NEW
DELHI - 110 001 REPRESENTED BY ITS MANAGING
DIRECTOR.
3 MANAGING DIRECTOR
NATIONAL HIGHWAY INFRASTRUCTURE DEVELOPMENT
CORPORATION LIMITED, 3RD FLOOR, PTI BUILDING, 4
PARLIAMENT STREET, NEW DELHI - 110 001.
4 THE TECHNICAL DIRECTOR
NATIONAL HIGHWAY INFRASTRUCTURE DEVELOPMENT
CORPORATION LIMITED, 3RD FLOOR, PTI BUILDING, 4
W.P.(C) Nos.710,1091
&1100 of 2021
4
PARLIAMENT STREET, NEW DELHI - 110 001.
5 GENERAL MANAGER (TECHNICAL)
NATIONAL HIGHWAY INFRASTRUCTURE DEVELOPMENT
CORPORATION LIMITED, 3RD FLOOR, PTI BUILDING, 4
PARLIAMENT STREET, NEW DELHI - 110 001.
6 COCHIN SMART CITY MISSION LIMITED
JLN METRO STATION, 4TH FLOOR, KALOOR, ERNAKULAM -
682 017 REPRESENTED BY ITS CHAIRMAN.
7 SOTEFIN PARKING PVT.LTD.
GA-1, RAJDANGA MAIN ROAD, KASBA, KOLKATA, WEST
BEGAL - 700 107 REPRESENTED BY ITS AUTHORISED
REPRESENTATIVE.
8 SIMPLEX PROJECTS LIMITED HAVING ITS REGISTERED
OFFICE AT 12/1
NELLIE SENGUPTA SARANI, KOLKATA, WEST BEGAL - 700
087 REPRESENTED BY ITS AUTHORISED REPRESENTATIVE.
R1 BY ADV. VISHNU J., CGC
R6 BY ADV. SRI.K.JAJU BABU (SR.)
R6 BY ADV. SMT.M.U.VIJAYALAKSHMI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.02.2021, ALONG WITH WP(C).710/2021(K), WP(C).1100/2021(J),
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.710,1091
&1100 of 2021
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942
WP(C).No.1100 OF 2021(J)
PETITIONER:
HE-MAN AUTO ROBOPARK (P) LIMITED
HAVING ITS REGISTERED OFFICE AT SOUTH ATTARA,
MOOKKANNOOR P.O. ANGAMALY, ERNAKULAM 683 577.
REPRESENTED BY ITS AUTHORISED REPRESENTATIVES
NITHIN PAUL, GED 29 YEARS, S/O. POULOSE, RESIDING
AT PUTHEN PUTHUSSERY HOUSE, MOOKKANNOOR P.O.
ANGAMALY 683 577, WORKING AS MARKETING ENGINEER, HE
MAN AUTO ROBOPARK (P) LIMITED.
BY ADVS.
SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
SRI.A.R.DILEEP
SRI.P.J.JOE PAUL
SRI.MANU SRINATH
SRI.RAJAN G. GEORGE
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY, MINISTRY OF ROAD
TRANSPORT AND HIGHWAYS, TRANSPORT BHAWAN 1
PARLIAMENT STREET , NEW DELHI 110 001.
2 NATIONAL HIGHWAYS INFRASTRUCTURE DEVELOPMENT
CORPORATION LIMITED,
3RD FLOOR, PTI BUILDING, 4 PARLIAMENT STREET, NEW
DELHI 110 001 REPRESENTED BY ITS MANAGING DIRECTOR.
3 MANAGING DIRECTOR,
NATIONAL HIGHWAY INFRASTRUCTURE DEVELOPMENT
CORPORATION LIMITED,
3RD FLOOR, PTI BUILDING, 4 PARLIAMENT STREET, NEW
DELHI 110 001.
4 THE TECHNICAL DIRECTOR,
NATIONAL HIGHWAY INFRASTRUCTURE DEVELOPMENT
W.P.(C) Nos.710,1091
&1100 of 2021
6
CORPORATION LIMITED,
3RD FLOOR, PTI BUILDING, 4 PARLIAMENT STREET, NEW
DELHI 110 001.
5 GENERAL MANAGER (TECHNICAL),
NATIONAL HIGHWAY INFRASTRUCTURE DEVELOPMENT
CORPORATION LIMITED,
3RD FLOOR, PTI BUILDING, 4 PARLIAMENT STREET, NEW
DELHI 110 001.
6 KOCHI METRO RAIL LIMITED
HAVING ITS REGISTERED OFFICE JLN METRO STATION, 4TH
FLOOR, KALOOR, ERNAKULAM, 682 017, REPRESENTED BY
ITS MANGING DIRECTOR.
7 SOTEFIN PARKING PVT. LTD.,
GA-1, RAJDANGA MAIN ROAD, KASBA, KOLKATA, WEST
BENGAL 700 07, REPRESENTED BY ITS AUTHORISED
REPRESENTATIVE.
8 M/S. RAM RATNA INFRASTRUCTURE PVT.LTD.,
RAM RATNA HOUSE, OASIS COMPLEX, P.B. MARG, WORLI,
MUMBAI, MHARASHTRA 400 013 REPRESENTED BY ITS
AUTHORISED REPRESENTATIVE.
R1 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA
R6 BY ADV. SRI.K.JAJU BABU (SR.)
R6 BY SMT.M.U.VIJAYALAKSHMI, SC, KOCHI METRO RAIL
LTD.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.02.2021, ALONG WITH WP(C).710/2021(K), WP(C).1091/2021(J),
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.710,1091
&1100 of 2021
7
JUDGMENT
Dated this the 05th day of February 2021
The learned counsel for the petitioners submits
that the impugned tenders are annulled.
Therefore, the writ petitions are closed.
P.V.ASHA
JUDGE
DM
W.P.(C) Nos.710,1091
&1100 of 2021
APPENDIX OF WP(C) 710/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE PATENT DATED 03.01.2017
ISSUED BY THE UNITED STATES OF AMERICA.
EXHIBIT P2 A TRUE COPY OF THE PATENT DATED 08.11.2018
ISSUED BY THE GOVERNMENT OF INDIA.
EXHIBIT P3 A TRUE COPY OF THE PATENT DATED 21.10.2019
ISSUED BY THE GOVERNMENT OF INDIA.
EXHIBIT P4 A TRUE COPY OF THE RELEVANT PAGES OF THE
TENDER ID NO.2020-NHIDC- 598602-1 WITH
TENDER REFERENCE
NO.NHIDCL/AMLCP/KMRL/2020/PT.2 FLOATED BY
THE 2ND RESPONDENT.
EXHIBIT P5 A TRUE COPY OF THE NOTICE INVITING TENDER
13.11.2020.
EXHIBIT P6 A TRUE COPY OF THE RELEVANT PAGES OF THE
BID/PACKAGE NO.NHDICL/J&K/NH-244/K-K/PKG-
I/2020.
EXHIBIT P7 A TRUE COPY OF THE RELEVANT PAGES OF RFP
NO.SCTL-PRJ/217/2019-M(UP) ISSUED BY SMART
CITY, THIRUVANANTHAPURAM LIMITED.
EXHIBIT P8 A TRUE COPY OF THE CONTRACT AGREEMENT DATED
12.10.2020.
EXHIBIT P9 A TRUE COPY OF THE RELEVANT PAGES OF NIT
NO.19/ISCDL/2020-21 DATED 01.07.2020 ISSUED
BY INDORE SMART CITY DEVELOPMENT LIMITED.
EXHIBIT P10 A TRUE COPY OF THE RELEVANT PAGES OF NIT
NO.CSML/MLCP/KCPD/RFP/01 DATED 08.03.2019
ISSUED BY COCHIN SMART MISSION LIMITED.
EXHIBIT P11 A TRUE COPY OF THE PROPOSAL (WITHOUT
ANNEXURES) SUBMITTED BY THE PETITIONER TO
RESPONDENT 2 TO 5.
EXHIBIT P12 A TRUE COPY OF E-MAIL DATED 21.12.2020.
EXHIBIT P13 A TRUE COPY OF THE POSTAL RECEIPTS DATED
22.12.2020.
W.P.(C) Nos.710,1091
&1100 of 2021
EXHIBIT P14 A TRUE COPY OF THE POSTAL TRACKING DETAILS.
EXHIBIT P15 A TRUE COPY OF ANNULMENT NOTICE
NO.NHDICL/AMLCP/KMRL/2020/PT.II/1721 DATED
24.12.2020 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P16 A TRUE COPY OF THE NOTICE INVITING TENDER
DATED 28.12.2020 OF TENDER ID 2020-NHIDC-
605945-1 WITH TENDER REFERENCE
NO.NHIDCL/AMLCP/KMRL/2020/PT.2.
EXHIBIT P17 A TRUE COPY OF THE PROJECT RECORDS OF THE
CONSTRUCTION OF THE AUTOMATED PARKING
SYSTEM AT LISIE HOSPITAL.
EXHIBIT P18 A TRUE COPY OF THE PROJECT RECORDS OF THE
CONSTRUCTION OF THE AUTOMATED PARKING
SYSTEM AT LOURDES HOSPITAL.
EXHIBIT P19 A TRUE COPY OF THE PROJECT RECORDS OF THE
CONSTRUCTION OF THE AUTOMATED PARKING
SYSTEM FOR SANDS INFRABUILD PVT. LTD. (LULU
GROUP)
EXHIBIT P20 A TRUE COPY OF THE PROJECT RECORDS OF THE
CONSTRUCTION OF THE AUTOMATED PARKING
SYSTEM FOR OLIVIA HOSPITALITIES PVT. LTD.
W.P.(C) Nos.710,1091
&1100 of 2021
APPENDIX OF WP(C) 1091/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE PATENT DATED 03/01/2017
ISSUED BY THE UNITED STATES OF AMERICA.
EXHIBIT P2 A TRUE COPY OF THE PATENT DATED 08/11/2018
ISSUED BY THE GOVERNMENT OF INDIA.
EXHIBIT P3 A TRUE COPY OF THE PATENT DATED 21/10/2019
ISSUED BY THE GOVERNMENT OF INDIA.
EXHIBIT P4 A TRUE COPY OF THE RELEVANT PAGES OF TENDER
FLOATED BY THE 2ND RESPONDENT.
EXHIBIT P5 A TRUE COPY OF NOTICE INVITING TENDER
13/11/2020.
EXHIBIT P6 A TRUE COPY OF THE RELEVANT PAGES OF THE
TECHNICAL SCHEDULE.
EXHIBIT P7 A TRUE COPY OF THE RELEVANT PAGES OF THE
REQUEST FOR PROPOSAL ISSUED BY SMART CITY
THIRUVANANTHAPURAM LIMITED.
EXHIBIT P8 A TRUE COPY OF THE CONTRACT AGREEMENT DATED
12/10/2020.
EXHIBIT P9 A TRUE COPY OF THE RELEVANT PAGES OF NIT
NO.19/ISCDL/2020-21 DATED 01/07/2020 ISSUED
BY INDORE SMART CITY DEVELOPMENT LIMITED.
EXHIBIT P10 A TRUE COPY OF THE RELEVANT PAGES OF NIT
NO.CSML/MLCP/KCPD/RFP/01 DATED 08/03/2019
ISSUED BY COCHIN SMART MISSION LIMITED.
EXHIBIT P11 A TRUE COPY OF THE PRE-BID QUERY DATED
30/11/2020 SUBMITTED BY THE PETITIONER.
EXHIBIT P12 A TRUE COPY OF E-MAIL DATED 30/11/2020 SENT
BY THE PETITIONER TO THE 5TH RESPONDENT.
EXHIBIT P13 A TRUE COPY OF THE PROPOSAL (WITHOUT
ANNEXURES) SUBMITTED BY THE PETITIONER TO
RESPONDENTS 2 TO 5.
EXHIBIT P14 A TRUE COPY OF E-MAIL DATED 21/12/2020.
EXHIBIT P15 A TRUE COPY OF THE POSTAL RECEIPTS DATED
22/12/2020.
W.P.(C) Nos.710,1091
&1100 of 2021
EXHIBIT P16 A TRUE COPY OF THE POSTAL TRACKING DETAILS.
EXHIBIT P17 A TRUE COPY OF THE BID OPENING SUMMARY.
EXHIBIT P18 A TRUE COPY OF THE PROJECT RECORDS OF THE
CONSTRUCTION OF THE AUTOMATED PARKING
SYSTEM AT LISIE HOSPITAL.
EXHIBIT P19 A TRUE COPY OF THE PROJECT RECORDS OF THE
CONSTRUCTION OF THE AUTOMATED PARKING
SYSTEM AT LOURDES HOSPITAL.
EXHIBIT P20 A TRUE COPY OF THE PROJECT RECORDS OF THE
CONSTRUCTION OF THE AUTOMATED PARKING
SYSTEM FOR SANDS INFRABUILD PVT.LTD.
EXHIBIT P21 A TRUE COPY OF THE PROJECT RECORDS OF THE
CONSTRUCTION OF THE AUTOMATED PARKING
SYSTEM FOR OLIVIA HOSPITALITIES PVT.LTD.
W.P.(C) Nos.710,1091
&1100 of 2021
APPENDIX OF WP(C) 1100/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE PATENT DATED 03.01.2017
ISSUED BY THE UNITED STATES OF AMERICA.
EXHIBIT P2 A TRUE COPY OF THE PATENT DATED 08.11.2018
ISSUED BY THE GOVERNMENT OF INDIA.
EXHIBIT P3 A TRUE COPY OF THE PATENT DATED 21.10.2019
ISSUED BY THE GOVERNMENT OF INDIA.
EXHIBIT P4 A TRUE COPY OF THE RELEVANT PAGES OF TENDER
REFERENCE NO. NHIDCL/AMLCP/KMRL/2020
FLOATED BY THE 2ND RESPONDENT.
EXHIBIT P5 A TRUE COPY OF THE NOTICE INVITING TENDER
13.11.2020.
EXHIBIT P6 A TRUE COPY OF THE RELEVANT PAGES OF THE
TECHNICAL SCHEDULE,
EXHIBIT P7 A TRUE COPY OF THE RELEVANT PAGES OF THE
REQUEST FOR PROPOSAL ISSUED BY SMART CITY
THIRUVANANTHAPURAM LIMITED.
EXHIBIT P8 A TRUE COPY OF THE CONTRACT AGREEMENT DATED
12.10.2020.
EXHIBIT P9 A TRUE COPY OF THE RELEVANT PAGES OF NIT
NO. 19/ISCDL/2020-21 DATED 01.07.2020
ISSUED BY THE INDORE SMART CITY DEVELOPMENT
LIMITED.
EXHIBIT P10 A TRUE COPY OF THE RELEVANT PAGES OF NIT
NO. CMSL/MLCP/KDPD/RFP/01 DATED 08.03.2019
ISSUED BY COCHIN SMART MISSION LIMITED.
EXHIBIT P11 A TRUE COPY OF THE PRE BID QUERY DATED
03.11.2020 SUBMITTED BY THE PETITIONER.
EXHIBIT P12 A TRUE COPY OF THE E-MAIL DATED 04.11.2020
SENT BY THE PETITIONER TO THE 5TH
RESPONDENT.
EXHIBIT P13 A TRUE COPY OF THE PROPOSAL (WITHOUT
ANNEXURES), SUBMITTED BY THE PETITIONER TO
RESPONDENTS 2 TO 5.
W.P.(C) Nos.710,1091
&1100 of 2021
EXHIBIT P14 A TRUE COPY OF E MAIL DATED 21.12.2020.
EXHIBIT P15 A TRUE COPY OF THE POSTAL RECEIPTS DATED
22.12.2020.
EXHIBIT P16 A TRUE COPY OF THE POSTAL TRACKING DETAILS.
EXHIBIT P17 A TRUE COPY OF THE COMMUNICATION NO.
NHIDCL/AMLCPKMRL/2020/PT/1720 DATED
22.12.2020 OF THE 2ND RESPONDENT.
EXHIBIT P18 A TRUE COPY OF THE BID OPENING SUMMARY.
EXHIBIT P19 A TRUE COPY OF THE PROJECT RECORDS OF THE
CONSTRUCTION OF THE AUTOMATED PARKING
SYSTEM AT LISIE HOSPITAL.
EXHIBIT P20 A TRUE COPY OF THE PROJECT RECORDS OF THE
CONSTITUTION OF THE AUTOMATED PARKING
SYSTEM AT LOURDES HOSPITAL.
EXHIBIT P21 A TRUE COPY OF THE PROJECT RECORDS OF THE
CONSTITUTION OF THE AUTOMATED PARKING
SYSTEM FOR SANDS INFRABUILD PVT. LTD.,
EXHIBIT P22 A TRUE COPY OF THE PROJECT RECORDS OF THE
CONSTITUTION OF THE AUTOMATED PARKING
SYSTEM FOR HOSPITALITIES PVT.LTD.
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
