P.M.Ibrahimkutty vs. State Of Kerala
Held
The High Court held that since the tender condition (Clause 11) limiting bids to 30% above the market rate was not challenged, and the petitioner's bid exceeded this limit, the rejection was valid. The Court noted it had previously upheld similar conditions in other cases. Consequently, the Court found no merit in the petition.
Facts
The petitioner, the highest bidder in an e-tender for waste paper removal, challenged the rejection of his bid. The respondents rejected the bid because it exceeded the tender condition (Clause 11) stipulating that no bid would be entertained if it quoted more than 30% above the declared market price. The petitioner's bid of `17.06 per Kg exceeded the permissible `16.92 (including GST).
Key Issues
Whether a tender bid exceeding a pre-stipulated maximum percentage above the market price should be entertained, especially when the tender condition itself is not under challenge.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH WEDNESDAY,THE 15TH DAY OF DECEMBER 2021/24TH AGRAHAYANA,1943 WP(C) NO. 21023 OF 2021 PETITIONER: P.M.IBRAHIMKUTTY, AGED 64 YEARS, S/O. LATE MEERAN RAWTHER, PARAPPILLY HOUSE, KUMMANAM P.O., KOTTAYAM-686 005. BY ADVS. IMTHIYAS AHAMMED N.K SHIRAZ ABDULLA RESPONDENTS: 1 STATE OF KERALA REP. BY THE CHIEF SECRETARY, THIRUVANANTHAPURAM-695 033. 2 STATIONARY CONTROLLER, STATIONARY DEPARTMENT, P M G JUNCTION, THIRUVANANTHAPURAM-695 033. ADDL.3 VIGNESH SOMAN, AGED 26 YEARS, S/O.(LATE) P.SOMAN, PROPRIETOR, KARTHIKEYA TRADERS, ERUVA P.O., KAYAMKULAM, ALAPPUZHA DISTRICT 690 572 RESIDING AT KUNNUMMEL THEKKATHIL, ERUVA P.O., PATHIYOOR, KAYAMKULAM, ALAPPUZHA DISTRICT 690 572. (ADDITIONAL R3 IS IMPLEADED AS PER ORDER DATED 14.12.2021 IN I.A.3/2021 IN WP(C)21023/2021.) BY ADVS. SR. GOVERNMENT PLEADER SMT.PRINCY XAVIER ADDL.R3-T.G.SUNIL (PRANAVAM) ADDL.R3-J.OM PRAKASH ADDL.R3-C.X.ANTONY BENEDICT
WP(C)No.21023/2021 2 ADDL.R3-T.G.MANOJ ADDL.R3-T.G.SANTHOSH ADDL.R3-T.G.MAHESH ADDL.R3-EMMANUAL SANJU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWIN
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