Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN WEDNESDAY, THE 24TH DAY OF AUGUST 2022 / 2ND BHADRA, 1944 WP(C) NO. 27223 OF 2022 PETITIONER:
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.
T.K.VIPINDAS K.V.SREE VINAYAKAN RESPONDENTS:
1 THE 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.
OTHER PRESENT:
LATHA ANAND (SC) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO: 27223 OF 2022 2 JUDGMENT Dated this the 24th day of August, 2022 The petitioner had participated in the tender floated by the 1st respondent as per Exhibit.P2 notification. One of the eligibility conditions stipulated in the notification is production of Bank Guarantee for Rs. 1.8 Crores. According to the petitioner, due to an inadvertent mistake Bank Guarantee for an amount of Rs. 1.5 Crores alone was produced. This resulted in the petitioner's bid being rejected at the pre- qualification stage. The petitioner has offered Bank Guarantee for the balance amount of Rs. 0.3 Crores and has made a request to consider his bid also.
2.
Learned Counsel for the petitioner submitted that the petitioner is doing other works for the 1st respondent and hence the 1st respondent is
WP(C) NO: 27223 OF 2022 3 fully aware of the petitioner's solvency and capacity.
3.
Learned Standing Counsel for the respondents referred to Clause 4.3 of the notice inviting tender, which reads as under:
“4.3 The tender shall be solvent to the tune of minimum Rs. 1.8 Cr. The solvency certificate issued date shall not be more than 12 months prior to the date of the tender submission end date ( of this tender) and it shall be issued by a scheduled bank registered in India and the same shall only be in the format enclosed with this tender form as Annexure-I” 4.
Reading of the above Clause shows that it is mandatory to furnish solvency certificate for Rs. 1.8 Crores. The petitioner having failed to comply with the above condition, this Court will not be justified in issuing a Writ of mandamus regarding the acceptance of the petitioner's bid, particularly when there is no allegation of mala fides or arbitrariness in the tender process.
5.
I also take into account the submission of
WP(C) NO: 27223 OF 2022 4 learned Standing Counsel that the bid submitted by another tenderer was also rejected for the same reason.
For the reasons above mentioned, the writ petition is dismissed.
Sd/- V.G. ARUN JUDGE SK/24.8
WP(C) NO: 27223 OF 2022 5 APPENDIX OF WP(C) 27223/2022 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF GST REGISTRATION OF THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE TENDER NO.
KMML/MS/MINES/TPLY/16/2022-23 DATED 5-8-2022 ISSUED BY 1ST RESPONDENT.
EXHIBIT P3 THE TRUE COPY OF THE WORK ORDER NO.MS/WO/MN8/0124/2021-22 DATED 10-12-2021 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P4 THE TRUE COPY OF THE TENDER SUBMITTED BY THE PETITIONER WITHOUT ANNEXURES.
EXHIBIT P5 TRUE COPY OF THE SOLVENCY CERTIFICATE ISSUED BY THE STATE BANK OF INDIA, ALAPPUZHA BRANCH.
Exhibit P6 TRUE COPY OF THE COVERING LETTER SUBMITTED BY THE PETITIONER DATED 17-8-2022 SUBMITTING A FRESH SOLVENCY CERTIFICATE.
RESPONDENTS' EXHIBITS : NIL TRUE COPY P.A.TO JUDGE