Anil Enterprises vs Assistant General Manager (Pv)
2021 Latest Caselaw 17922 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
        THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA,
                                 1943
                     WP(C) NO. 17585 OF 2021
PETITIONER/S:

            ANIL ENTERPRISES,
            AMC XI/735, ATTINGAL-695 101,
            REPRESENTED BY ITS PARTNER TINKU A.
            BY ADVS.
            SRI.N.N.SUGUNAPALAN (SR.)
            SRI.S.SUJIN


RESPONDENT/S:

   1        ASSISTANT GENERAL MANAGER (PV)
            BHARAT SANCHAR NIGAM LIMITED,
            SEVA KENDRA, STATUE M.G ROAD,
            TRIVANDRUM-695 001
   2        DEPUTY GENERAL MANAGER (S & M-CM),
            BHARAT SANCHAR NIGAM LIMITED,
            KERALA CIRCLE, TRIVANDRUM-695 033
   3        CHIEF GENERAL MANAGER,
            BHARAT SANCHAR NIGAM LIMITED,
            KERALA TELECOM CIRCILE, TRIVANDRUM-695 033
   4        BHARAT SANCHAR   NIGAM LIMITED,
            KERALA TELECOM   CIRCLE,
            TRIVANDRUM-695   033,
            REPRESENTED BY   ITS CHIEF GENERAL MANAGER.
            BY SRI.PREMJITH NAGENDRAN, STANDING COUNSEL



       THIS   WRIT   PETITION    (CIVIL)   HAVING    COME   UP    FOR
ADMISSION     ON   01.09.2021,    THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.17585 of 2021               2




                     W.P.(C) No.17585 of 2021
                  -----------------------------------------


                               JUDGMENT

Petitioner was awarded a franchisee-ship by the

Bharat Sanchar Nigam Limited (BSNL) for its Neyyattinkara

territory and he has been given a communication requiring to

complete the formalities relating to the execution of documents

by 12.06.2021. Ext.P9 order has now been issued by the

second respondent debarring the petitioner from participating

in the tenders of BSNL alleging that they have not complied

with the direction aforesaid and the said conduct has caused

huge loss to BSNL. Ext.P9 order is under challenge in the writ

petition.

2. When this matter was taken up, the learned

Standing Counsel for BSNL pointed out that the petitioner has

preferred a representation against Ext.P9 order before the first

respondent, and the petitioner was informed by the first

respondent that the competent authority to examine the

correctness of orders in the nature of Ext.P9 is the third

respondent. It was also pointed out by the Standing Counsel

that the petitioner has so far not preferred any representation

against Ext.P9 order before the third respondent.

3. Having regard to the facts and circumstances of

the case, I am of the view that it is only appropriate that the

third respondent examines the sustainability of Ext.P9 order

before the writ petition preferred by the petitioner for the said

purpose is entertained, as the matter relates to a commercial

decision taken by BSNL.

In the circumstances, the writ petition is disposed

of permitting the petitioner to prefer a representation against

Ext.P9 before the third respondent within three days, and

directing the third respondent to consider and pass appropriate

orders thereon within a week thereafter, after affording the

petitioner an opportunity of hearing. The petitioner shall

furnish in the representation their e-mail id and the third

respondent is directed to issue notice of the hearing through e-

mail to the petitioner. It is made clear that the opportunity of

hearing ordered to be given to the petitioner in terms of this

judgment can be through video conferencing. Needless to say,

until a decision as directed above is taken by the third

respondent, proceedings in terms of Ext.P10 shall not be

finalised.

Sd/-

P.B.SURESH KUMAR, JUDGE.

ds 01.09.2021

APPENDIX OF WP(C) 17585/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LETTER OF INTENT OF DATED 05.06.2021 ISSUED BY THE 2ND RESPONDENT Exhibit P2 TRUE COPY OF THE LETTER DATED 08.07.2021 SUBMITTED BY THE PETITIONER Exhibit P3 TRUE COPY OF THE LETTER DATED 14.07.2021 SUBMITTED BY THE PETITIONER Exhibit P4 TRUE COPY OF THE LETTER DATED 09.07.2021 ISSUED BY THE ASSISTANT GENERAL MANAGER (PV), THE 1ST RESPONDENT Exhibit P5 TRUE COPY OF THE LETTER DATED 05.08.2021 GRANTING EXTENSION Exhibit P6 TRUE COPY OF THE EMAIL DATED 17.08.2021 ISSUED BY THE 1ST RESPONDENT TO THE BANK Exhibit P7 TRUE COPY OF THE COVERING LETTER DATED 17.08.2021 ALONG WITH THE EXTENSION OF VALIDITY PERIOD OF BANK GUARANTEE NO.141571218000012 ISSUED BY THE INDIAN OVERSEAS BANK Exhibit P8 TRUE COPY OF THE COVERING LETTER DATED 18.08.2021 ALONG WITH THE EXTENSION OF VALIDITY PERIOD OF BANK GUARANTEE NO.141571217000013 ISSUED BY THE INDIAN OVERSEAS BANK

Exhibit P9 TRUE COPY OF LETTER DATED 06.08.2021 ISSUED BY THE 2ND RESPONDENT Exhibit P10 TRUE COPY OF THE NOTIFICATION DATED 09.08.2021 INVITING EXPRESSION OF INTEREST