M/S. G.K.Gases And Chemicals vs. Rehabilitation Plantations Limited - Kerala High Court, 17 March 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN TUE AY, THE 17TH DAY OF MARCH 2020 / 27TH PHALGUNA, 1941 WP(C).No.6267 OF 2020(G) PETITIONER: M/S. G.K.GASES AND CHEMICALS V/809, INDUSTRIAL DEVELOPMENT AREA, EDAYAR, MUPPATHADOM P.O, ALUVA, COCHIN, PIN 683110, REPRESENTED BY ITS MANAGING PARTNER MR. PRETHISH KOVOOR, AGED 57 YEARS, SON OF GEORGE KOVOOR. BY ADVS. SRI.K.M.SATHYANATHA MENON SMT.KAVERY S THAMPI RESPONDENTS: 1 REHABILITATION PLANTATIONS LIMITED, REGD. OFFICE, PUNALUR, KOLLAM, PIN 691 305, REPRESENTED BY MANAGING DIRECTOR 2 THE MANAGING DIRECTOR, REHABILITATION PLANTATIONS LIMITED, REGD. OFFICE, PUNALUR, KOLLAM , PIN 691 305 3 THE MANAGER(PURCHASE AND PROJECTS) REHABILITATION PLANTATIONS LIMITED, REGD. OFFICE, PUNALUR, KOLLAM, PIN 691 305 R1-3 BY ADV. SRI.SAJI VARGHESE R1-3 BY ADV. SMT.MARIAM MATHAI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.6267 OF 2020(G) 2 JUDGMENT Dated this the 17th day of March 2020 The dispute raised in this writ petition is with regard to the price quoted by the petitioner pursuant to Ext.P1. It was a contention of the respondents that though the petitioner was the lowest tenderer, the price quoted was far higher than the price which was offered by the petitioner in respect of supply of the same material in other public sector undertakings on comparable terms. By Ext.P11, re-tender was proposed, which is under challenge.

The learned counsel for the petitioner submits that the petitioner had agreed to supply the Anhydrous Ammonia at the rate of Rs.38.75+18% GST per Kg in response to Ext.P1 and that in view of the fact that the petitioner is quoting the said rate, the re-tender proceedings may be dropped and the work may be allotted to the petitioner.

WP(C).No.6267 OF 2020(G) 3

The learned counsel for the respondents submits that the work is liable to be awarded to the petitioner on the said terms, if the petitioner is willing to meet the costs of these proceedings. Having considered the contentions advanced and in view of the arguments raised, I am of the opinion that since the petitioner has quoted a rate of Rs.38.75 per Kg of Ammonia with GST, the said offer is liable to be accepted by the respondents. Accordingly, this writ petition is disposed of directing the award of the contract to the petitioner at the rate of Rs.38.75+ 18% GST per Kg. No further proceedings shall be taken on the basis of Ext.P11 and the re-tender shall stand dropped. ANU SIVARAMAN JUDGE SVP

WP(C).No.6267 OF 2020(G) 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE E- TENDER NOTICE WITH TENDER ID 2020 RPL 337674-1 DATED 21-1- 2020 ISSUED BY THE 2ND RESPONDENT EXHIBIT P2OF THE TERMS AND CONDITIONS ATTACHED TO THE NOTIFICATION ISSUED BY THE 2ND RESPONDENT FOR PURCHASE OF ANHYDROUS AMMONIA DATED 21-1-2020 EXHIBIT P3OF THE BID ACKNOPWLEDGMENT ISSUED TO THE PETITIONER UNDER THE E- TENDERING SYSTEM, GOVERNMENT OF KERALA DATED 26-2-2020 EXHIBIT P4OF THE BILL OF QUANTITIES (BOQ) SUMMARY DETAILS WITH RESPECT TO THE TENDER TITLE RPL/PUNALUR/SUPPLY OF ANHYDROUS AMMONIA EXHIBIT P5OF THE TENDER DETAILS SHOWING THE LOWEST AMOUNT QUOTED BY THE PETITIONER. EXHIBIT P6OF THE LETTER ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 24-2-2020 EXHIBIT P7OF THE LETTER ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 25-2-2020 EXHIBIT P8OF THE DECISION TAKEN BY THE COMPANY/COMMITTEE AND PUBLISHED BY THE 3RD RESPONDENT IN THE WEBSITE ON 25-2- 2020 BY 4.00 PM AND DOWNLOADED BY THE PETITIONER. EXHIBIT P9OF THE COMMUNICATION ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 26-2-2020 EXHIBIT P10OF THE COMMUNICATION ISSUED BY THE 3RD RESPONDENT IN FAVOUR OF THE PETITIONER DATED 28-2-2019. WP(C).No.6267 OF 2020(G) 5 NOTIFICATION WITH TENDER ID 2020 RPL 346417-1 ISSUED BY THE 2ND RESPONDENT DATED 25-2-2020 ALONG WITH THE TENDER DETILS , TERMS AND CONDITIONS OF TENDER DOWNLOADED FROM THE WEBSITE OF TENDERS KERALA E PROCUREMENT SYSTEM OF GOVERNMENT OF KERALA. EXHIBIT P12OF THE E-MAIL COMMUNICATION ISSUED BY THE RESPONDENTS TO THE PETITIONER AT 2.05 P.M. ON 26.02.2020. EXHIBIT P13OF THE COMPARATIVE STATEMENT PREPARED BY THE PETITIONER, AT THE RATE OF RS.39+18% GST AS WELL AS AT THE RATE OF RS.38.75+18% GST. EXHIBIT P14OF THE GST INVOICE ISSUED IN FAVOUR OF THE PETITIONER FROM MANGALORE CHEMICALS AND FERTILIZERS LIMITED WHICH WAS SUBMITTED BY THE PETITIONER WITH THE RESPONDENTS DATED 22.1.2020 AND 23.01.2020.