Parumala Traders vs Malabar Cements Limited
2024 Latest Caselaw 28164 Ker

Kerala High Court

Parumala Traders vs Malabar Cements Limited on 24 September, 2024

Author: V.G.Arun

Bench: V.G.Arun

                                                    2024:KER:70862
             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                THE HONOURABLE MR.JUSTICE V.G.ARUN

    TUESDAY, THE 24TH DAY OF SEPTEMBER 2024 / 2ND ASWINA, 1946

                      WP(C) NO. 33359 OF 2024

PETITIONER:
           PARUMALA TRADERS,
           REPRESENTED BY ITS MANAGING PARTNER, SHRI. BENOY ALEX
           V., XVIII/234/4, MACM AUDITORIUM BUILDING, WEST FORT,
           POOTHOLE P.O., THRISSUR, PIN - 680004

          BY ADVS.
          SAMPATH V. TOMS
          AMBROSE JUDE DCRUZ



RESPONDENTS:
     1     MALABAR CEMENTS LIMITED,
           REPRESENTED BY ITS MANAGING DIRECTOR, WALAYAR,
           PALAKKAD, PIN - 678624

    2     THE MANAGING DIRECTOR,
          M/S MALABAR CEMENTS LIMITED, WALAYAR,
          PALAKKAD, PIN - 678624

    3     THE MANAGER,
          BULK MATERIALS DEPARTMENT, M/S MALABAR CEMENTS LIMITED,
          WALAYAR, PALAKKAD, PIN - 678624

    4     SANTHOSH C., S/O. C. K. MANI,
          PROPRIETOR, C. S. TRANSPORT, ARYAMBAVU, ARIYOOR P.O.,
          MANNARKKAD, PALAKKAD, PIN - 678583

    5     ELDHO KURIAN A.
          S/O. KURIAN A. I., AYYAPPILLY HOUSE, CHAVARAMPADAM,
          MULAYAM P.O., THRISSUR, PIN - 680751

          SMT. LATHA ANAND SC FOR MCL.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                            2024:KER:70862
WP(C) NO. 33359 OF 2024

                                      2



                              JUDGMENT

The learned counsel for the petitioner seeks permission

to withdraw the writ petition with liberty to approach this

Court again, if so warranted. The Writ Petition is accordingly

dismissed as withdrawn, with the liberty sought.

Sd/-

V.G.ARUN JUDGE msp 2024:KER:70862 WP(C) NO. 33359 OF 2024

APPENDIX OF WP(C) 33359/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TENDER DOCUMENT PERTAINING TO TENDER NO: MCL/02/PRT/ 889/2024 DATED 13.08.2024 ISSUED BY THE 2ND RESPONDENT

Exhibit P2 TRUE COPY OF THE NON-DATED ANNEXURE –

II DECLARATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT, ALONG WITH ITS TENDER APPLICATION

Exhibit P3 TRUE COPY OF THE NON-DATED ANNEXURE –

II DECLARATION SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 1ST RESPONDENT, ALONG WITH HIS TENDER APPLICATION

Exhibit P4 TRUE COPY OF THE NON-DATED ANNEXURE –

II DECLARATION SUBMITTED BY THE 5TH RESPONDENT BEFORE THE 1ST RESPONDENT, ALONG WITH HIS TENDER APPLICATION

Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 16.09.2024 PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT, VIA EMAIL

Exhibit P6 TRUE COPY OF THE REPLY DATED 17.09.2024 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER VIA EMAIL

Exhibit P7 TRUE COPY OF THE RELEVANT PAGES OF THE STORES PURCHASE MANUAL, 2013 DATED 21.06.2013 [REVISED AS PER G.O (P) NO.3/2013/SPD] ISSUED BY THE STORES PURCHASE DEPARTMENT, GOVERNMENT OF KERALA

Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED 20.09.2024 PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT VIA EMAIL