P.Shyam Raju vs. Kerala Minerals And Metals Limited
Held
The High Court held that tender conditions cannot be altered unless they are per se illegal, and found no reason to hold otherwise in this case. Since the solvency certificate was admittedly submitted beyond the stipulated deadline, the court sustained the decision to disqualify the appellant.
Facts
The appellant, a tenderer for work with Kerala Minerals and Metals Limited, was disqualified for submitting a Solvency Certificate below the required amount and submitting the correct certificate belatedly. He challenged this disqualification, arguing that the tender conditions were restrictive, the process violated CVC guidelines for single tenders, and his higher bid would cause significant financial loss to the respondent company.
Key Issues
Whether a tenderer can be disqualified for belated submission of a required solvency certificate, and whether the tender conditions or process violated CVC guidelines or were unduly restrictive, warranting re-tender.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR & THE HONOURABLE MR. JUSTICE SHAJI P.CHALY TUESDAY, THE 8TH DAY OF NOVEMBER 2022 / 17TH KARTHIKA, 1944 WA NO. 1380 OF 2022 AGAINST THE JUDGMENT WP(C) 28351/2022 OF HIGH COURT OF KERALA APPELLANT/S: P.SHYAM RAJU, AGED 58 YEARS S/O PADMANABHAN, PROPRIETOR, SKILDERZ DEVELOPERS, RESIDING AT ARJUNAM 27/355, THIRUVAMPADY.P.O, ALAPPUZHA, PIN-688002. BY ADVS. K.JAJU BABU (SR.)(K/116/1981) K.V.SREEVINAYAKAN K.M.MUHAMMED HUSSAIN(K/147/2011) COLIN ALEX RESPONDENT/S: 1 KERALA MINERALS AND METALS LIMITED SANKARAMANGALAM, CHAVARA, KOLLAM, KERALA-691583,REPRESENTED BY ITS MANAGING DIRECTOR. 2 THE MANAGING DIRECTOR, KERALA MINERAL AND METALS LTD, SANKARAMANGALAM, CHAVARA, KOLLAM, KERALA-691583. 3 DEEPTHI TRANSPORT SERVICES, IRE ROAD, VADAKADAM BUILDING, KARITHURA, CHAVARA.P.O, KOLLAM, PIN-691583. BY ADVS. K. ANAND (SR.) LATHA ANAND NANDAGOPAL NAMBIAR V.V CHITRA JOHNSON(K/000924/2018) SMITHA (EZHUPUNNA)(K/223/2015) M.N.RADHAKRISHNA MENON S.VISHNU (ARIKKATTIL) THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 08.11.2022, ALONG WITH WA.1396/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W
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