Modern Laboratories vs State Of Kerala
2021 Latest Caselaw 10794 Ker

WP(C).No.8264 OF 2021(G)
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            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    TUESDAY, THE 30TH DAY OF MARCH 2021 / 9TH CHAITHRA, 1943

                       WP(C).No.8264 OF 2021(G)


PETITIONER/S:

                MODERN LABORATORIES
                45,46,47 SECTOR D2
                SANWER ROAD, INDUSTRIAL AREA, INDORE, MANDHYA
                PRADESH, REPRESENTED BY ITS MANAGING PARTNER ARUN
                KHARIA

                BY ADVS.
                SRI.P.V.ANOOP
                SRI.PHIJO PRADEESH PHILIP
                SRI.M.P.PRIYESHKUMAR
                SRI.K.V.SREERAJ

RESPONDENT/S:

      1         STATE OF KERALA
                REPREENTED BY ITS SECRETARY
                DEPARTMENT OF HEALTH AND FAMILY WELFARE, THYCAUD
                (PO), THIRUVANANTHAPURAM, PIN 695 014

      2         THE MANAGING DIRECTOR,KERALA MEDICAL SERVICES
                CORPORATION LIMITED, DEPARTMENT OF HEALTH AND
                FAMILY WELFARE, GOVERNMENT OF KERALA) THYCAUD (PO),
                THIRUVANANTHAPURAM, PIN 695 014

      3         THE KERALA MEDICAL SERVICES CORPORATION LIMITED,
                THYCAUD P.O, THIRUVANANTHAPURAM, PIN 695 014
                REPRESENTED BY ITS MANAGING DIRECTOR.


OTHER PRESENT:

                SMT.VINITHA.B, GP
                SRI.M.AJAY,SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.8264 OF 2021(G)
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                                   JUDGMENT

Dated this the 30th day of March 2021

The petitioner is aggrieved by the rejection of its tender

as per Ext.P5 on the ground that it is blacklisted by Karnataka

Government. Petitioner relies on the interim order passed by the

Karnataka High Court to the effect that blacklisting will not

affect the participation of the petitioner in respect of any

other tenders outside the State of Karnatka. The learned counsel

for the petitioner submits that the petitioner has submitted

Ext.P6 representation before the Managing Director- the 2nd

respondent, pointing out this.

2. Heard Adv.M.Ajay, learned Standing Counsel for the 2nd

respondent also.

The Writ Petition is therefore disposed of, with a

direction to the 2nd respondent to consider and pass orders on

Ext.P6 representation within a period of ten days, after

affording an opportunity of hearing to the petitioner. It is

made clear that hearing can be conducted through electronic

mode.

Sd/-

                                                        P.V.ASHA

rkc                                                        JUDGE
 WP(C).No.8264 OF 2021(G)




                           APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1           TRUE COPY OF THE RELEVANT PAGES OF THE E-

TENDER DOCUMENT DATED 23-01-2021 ISSUED BY THE 3RD RESPONDENT

EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 17-03-2021

EXHIBIT P3 TRUE COPY OF THE REPLY DATED 19-03-2021 WRONGLY SHOWN AS 19-03-2020

EXHIBIT P4 TRUE COPY OF THE ORDER DATED 18-09-2020 IN W.P(C) NO. 9514 OF 2020 ON THE HON'BLE HIGH COURT OF KARNATAKA

EXHIBIT P5 TRUE COPY OF THE RELEVANT PORTION OF THE NOTICE DATED 26-03-2021

EXHIBIT P6 TRUE COPY OF THE REPLY DATED 27-03-2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE STATUTORY APPEAL DATED 29.03.2021 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT