Kerala High Court
Plants India Agro Machineries Pvt ... vs The Kerala State Coir Corporation ... on 16 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 16TH DAY OF SEPTEMBER 2021 / 25TH BHADRA, 1943
WP(C) NO. 1327 OF 2021
PETITIONERS:
1 PLANTS INDIA AGRO MACHINERIES PVT LTD
NO.80, CARBORUNDUM ROAD, MAJOR INDUSTRIAL ESTATE,
KALAMASSERY, ERNAKULAM, KERALA - 683 109, REPRESENTED
BY ITS MANAGING DIRECTOR MR.JOHNY PAUL MANAVALAN.
2 JOHNY PAUL MANAVALAN
MANAGING DIRECTOR,
PLANTS INDIA AGRO MACHINERIES PVT.LTD., NO.80,
CARBORUNDUM ROAD, MAJOR INDUSTRIAL ESTATE, KALAMASSERY,
ERNAKULAM, KERALA - 683 109.
BY ADVS.
SANTHOSH MATHEW
SRI.ARUN THOMAS
SRI.JENNIS STEPHEN
SRI.VIJAY V. PAUL
SMT.KARTHIKA MARIA
SRI.ANIL SEBASTIAN PULICKEL
SMT.DIVYA SARA GEORGE
RESPONDENTS:
1 THE KERALA STATE COIR CORPORATION LTD
PB NO.191, VAZHICHERRY WARD, ALAPPUZHA,
KERALA - 688 001
REPRESENTED BY ITS MANAGING DIRECTOR.
2 THE MANAGING DIRECTOR
THE KERALA STATE COIR CORPORATION LTD., PB NO.191,
VAZHICHERRY WARD, ALAPPUZHA, KERALA - 688 001.
3 STATE OF KERALA
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE
GOVERNMENT, DEPARTMENT OF FINANCE, GOVERNMENT OF
KERALA, STATUE, PALAYAM, THIRUVANANTHAPURAM, KERALA -
695 001.
WP(C) NO. 1327 OF 2021
2
4 MISHRA HYDRAULICS
304 T.C.JAINA TOWER - 1ST, DISTRICT CENTRE,
JANAK PURI, NEW DELHI - 110 058
REPRESENTED BY ITS PROPRIETOR.
5 DIGITAL INSTRUMENTS & CONTROL SYSTEMS
#B-261, 6TH MAIN, 2ND STUDIO,
PEENYA INDUSTRIAL ESTATE, BANGALORE - 560 058
REPRESENTED BY ITS MANAGING PARTNER.
6 GEEPEE MACHINES
A-1, 1ST MAIN, 2ND STAGE PEENYA,
BANGALORE - 560 058 REPRESENTED BY ITS PROPRIETOR.
BY ADVS.
SRI.P.C.SASIDHARAN
SHRI.S.MANU
SMT. VIDYA KURIAKOSE GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 16.09.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 1327 OF 2021
3
P.V.KUNHIKRISHNAN, J.
========================
WP(C) NO. 1327 OF 2021
========================
Dated this the 16th day of September, 2021
JUDGMENT
The above writ petition is filed with the following
prayers:
"i) Issue a writ of mandamus or any other appropriate
writ, order or direction directing the 1 st and 2nd
respondents to evaluate the bids, make any award,
and execute any contract with respect to Ext. P2
tender schedule only after extending the price
preference and purchase preference benefits under
Ext. P1 Government Order to the 1st petitioner;
ii) Declare that the bid submitted by the 5 th
respondent is not technically qualified, eligible or
responsive in so far as it relies on the eligibility
and experience credentials of the 6th respondent
iii) Issue a writ of mandamus or any other appropriate
writ, order or direction directing the 1st and 2nd
respondents to exclude the eligibility and
experience credentials of the 6 th respondent while
evaluating the bid submitted by the 5th respondent
iv) To issue such other appropriate writ, order or
direction which this Honourable Court may deem
fit and just in the circumstances of the case."
2. After hearing the matter in detail, according to
me the grievance raised by the petitioners can be
WP(C) NO. 1327 OF 2021
addressed by the 2nd respondent if a representation is
filed by the petitioners narrating their grievance. The 2 nd
respondent can hear the 5th and 6th respondent also. I
don't want to make any observation about the matter.
The 2nd respondent is free to pass appropriate orders in
accordance to law. The petitioner is free to raise all the
contentions raised in this writ petition before the 2 nd
respondent. All the contentions raised in this writ
petition are left open. The interim order passed on
18.01.2021, to the effect that, 'the work order shall not
be issued' can be continued till the 2nd respondent take a
decision.
Therefore, this writ petition is disposed in the
following manner:
(a) The petitioners are free to file a representation
before the 2nd respondent, narrating their grievance
raised in this writ petition within 10 days from the date
receipt of a copy of this judgment.
(b) The 2nd respondent on receipt of such
WP(C) NO. 1327 OF 2021
representation will hear the petitioners and respondent
Nos.5 and 6 and thereafter will pass appropriate orders
in accordance to law as expeditiously as possible, at any
rate, within four weeks from the date of receipt of a copy
of the representation. The hearing can be either
virtually or physically.
(c) All the contentions of the petitioners are left
open.
(d) The petitioners will produce a copy of this
judgment along with a copy of this writ petition before
the 2nd respondent.
(e) The interim order passed in this case will
continue till final order is passed by the 2nd respondent.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
scs
WP(C) NO. 1327 OF 2021
APPENDIX OF WP(C) 1327/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE GOVERNMENT ORDER
NUMBERED AS G.O.(RT) NO.5382/2020/FIN.
DATED 18/09/2020.
EXHIBIT P2 TRUE COPY OF THE TENDER SCHEDULE DATED
19/11/2020 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE LETTER DATED 22/12/2020
ISSUED BY THE 1ST RESPONDENT TO THE
PETITIONERS COMMUNICATING THE RESULTS OF
THE TENDER.
EXHIBIT P4 TRUE COPY OF THE LETTER DATED 30/12/2020
ISSUED BY THE 1ST PETITIONER TO THE 1ST
RESPONDENT
EXHIBIT P5 TRUE COPY OF THE PURCHASE ORDER DATED
07/01/2021 ISSUED BY THE 1ST RESPONDENT
TO THE 1ST PETITIONER.
EXHIBIT P6 TRUE COPY OF THE EXTRACT OF THE E-
TENDERING WEBSITE SHOWING THAT THE
REQUIRED DETAILS AND DOCUMENTS SUBMITTED
BY THE 1ST PETITIONER.
EXHIBIT P7 TRUE COPY OF THE PARTNERSHIP DEED DATED
05/01/2017 SUBMITTED BY THE 5TH
RESPONDENT AS A PART OF ITS BID.
EXHIBIT P8 TRUE COPY OF THE PAN CARD AND GST
REGISTRATION CERTIFICATE UPLOADED BY THE
5TH RESPONDENT AS A PART OF ITS BID.
EXHIBIT P9 TRUE COPY OF COPIES OF THE BALANCE SHEET
AND PROFIT AND LOSS ACCOUNT OF DIGITAL
INSTRUMENTS AND CONTROL SYSTEMS SUBMITTED
BY THE 5TH RESPONDENT AS A PART OF ITS
BID.
EXHIBIT P10 TRUE COPY OF THE COMPANY PROFILE OF
WP(C) NO. 1327 OF 2021
DIGITAL INSTRUMENTS & CONTROL SYSTEMS
SUBMITTED BY THE 5TH RESPONDENT AS A PART
OF ITS BID.
EXHIBIT P11 TRUE COPY OF COPIES OF THE TWO CLIENT
PERFORMANCE CERTIFICATE SUBMITTED BY THE
5TH RESPONDENT AS A PART OF ITS BID.
EXHIBIT P12 TRUE COPY OF THE 'LIST OF SIMILAR SYSTEMS
MANUFACTURED, SUPPLIED, INSTALLED AND
COMMISSIONED DURING LAST 18 YEARS'
SUBMITTED BY THE 5TH RESPONDENT AS PART
OF ITS BID.
EXHIBIT P13 TRUE COPY OF THE UNDATED LETTER STATED TO
HAVE BEEN ISSUED BY THE AUTHORIZED
SIGNATORY OF THE 6TH RESPONDENT.
EXHIBIT P14 TRUE COPY OF THE SCREENSHOT OF THE
WEBSITE AVAILABLE AT THE URL MENTIONED IN
EXT.P13.
EXHIBIT P15 TRUE COPY OF THE MINUTES OF MEETING OF
THE TECHNICAL COMMITTEE FOR THE TENDER.
EXHIBIT P16 TRUE COPY OF THE EMAIL DATED 15.12.2020
ISSUED BY THE 1ST RESPONDENT TO THE 1ST
PETITIONER
EXHIBIT P17 TRUE COPY OF THE CONSIGNMENT TRACKING
DETAILS OF THE REGISTERED POST SENT TO
THE 1ST PETITIONER BY THE 1ST RESPONDENT
OBTAINED FROM THE WEBSITE OF THE
DEPARTMENT OF POSTS, GOVERNMENT OF INDIA
EXHIBIT P18 TRUE COPY OF THE CLARIFICATIONS ISSUED BY
THE 1ST RESPONDENT ON 27.5.2020 FOR
TENDER ID 349545
EXHIBIT P19 TRUE COPY OF THE LETTER ISSUED BY THE 4TH
RESPONDENT TO THE 1ST RESPONDENT.
WP(C) NO. 1327 OF 2021
RESPONDENT'S/S EXHIBITS
EXHIBIT R1(a) THE TRUE COPY OF THE LETTER OF AWARD OF
WORK IN RELATION TO THE E-TENDER NOTICE
DATED 17.12.2015
EXHIBIT R1(b) THE TRUE COPY OF THE PROCEEDINGS DATED
20.06.2016
EXHIBIT R1(c) THE TRUE COPY OF THE LETTER DATED
12.01.2020
EXHIBIT R1(d) THE TRUE COPY OF THE WORK ORDER ISSUED IN
FAVOUR OF THE RESPONDENT NO.4
EXHIBIT R1(e) THE TRUE COPY OF THE WORK ORDER ISSUED IN
FAVOUR OF THE RESPONDENT NO.5
EXHIBIT R1(f) THE TRUE COPY OF THE MINUTES OF THE
COMMITTEE DATED 18.12.2020
