Cause title — parties, addresses and appearances
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 5TH DAY OF APRIL 2018 / 15TH CHAITHRA, 1940
WP(C).No. 2302 of 2018
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PETITIONER:-
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M/S. RAJI MATHEW & CO.
PAMPLANIYIL, BHARANANGANAM P.O, KOTTAYAM DISTRICT,
PIN - 686 578, REPRESENTED BY ITS MANAGING PARTNER,
RAJI MATHEW.
BY ADVS.SRI.SANTHOSH MATHEW
SRI.ARUN THOMAS
SRI.JENNIS STEPHEN
SRI.VIJAY V. PAUL
SMT.KARTHIKA MARIA
SMT.MARIA ROY
SMT.VEENA RAVEENDRAN
RESPONDENTS:
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1. STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, PUBLIC WORKS
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2. THE CHIEF ENGINEER
O/O. THE CHIEF ENGINEER,
PUBLIC WORKS DEPARTMENT(NATIONAL HIGHWAYS),
MUSEUM P.O, THIRUVANANTHAPURAM - 695 033.
3. THE SUPERINTENDING ENGINEER
PUBLIC WORKS DEPARTMENT,NATIONAL HIGHWAYS(CENTRAL)
CIRCLE,
VYTILLA, KOCHI - 682 019.
4. THE BID EVALUATION COMMITTEE FOR THE WORK
(STRENGTHENING OF THE CARRIAGE WAY FROM 89/100 TO KM
103/200 OF NH - 183A IN THE STATE OF KERALA UNDER ANNUAL
PLAN 2017-18), PUBLIC WORKS DEPARTMENT(NH), REPRESENTED BY
ITS CHAIRMAN, THE CHIEF ENGINEER, MUSEUM P.O,
THIRUVANANTHAPURAM - 695 033.
5. SONY MATHEW
PALATHRA HOUSE, THURUTHY P.O, CHANGANASSERY, PIN - 686 535.
WP(C).No. 2302 of 2018
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6. M/S. AKSHYA BUILDERS
WESTERN ARCADE, MARKET P.O, VELLOORKUNNAM,
MUVATTUPUZHA - 686 673.
7. M/S. BEGORRA INFRASTRUCTURE & DEVELOPERS PVT LTD
KARIMKUTTIYIL BUILDING, ANGADI P.O, RANNI 689 674.
R7 BY ADVS. SRI.PHILIP J.VETTICKATTU
SRI.VINEETH KURIAKOSE
R5 BY ADV. SRI.V.PHILIP MATHEW
R1 TO R3 BY SENIOR GOVERNMENT PLEADER, ADV.SMT.MABLE.C.KURIAN
R6 BY ADVS. SRI.MURALI PURUSHOTHAMAN
SRI.DEEPU LAL MOHAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-04-2018, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 2302 of 2018 (K)
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APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 TRUE COPY OF THE NOTICE INVITING TENDER
NO.01/SE/NH/CC/KOCHI/2017-18 DATED 15-11-2017.
EXHIBIT P2 TRUE COPY OF THE ATTACHMENTS I TO V REQUIRED TO
BE SUBMITTED ALONG WITH BID.
EXHIBIT P3 TRUE COPY OF THE SECTION 2 OF EXT P1 WHICH IS TO
BE SUBMITTED BY THE BIDDERS.
EXHIBIT P4 TRUE COPY OF THE LETTER SENT BY THE CHIEF
ENGINEER ON 3-1-2018 TO THE SUPERINTENDING
ENGINEERS OF THE SOUTH CIRCLE, CENTRAL CIRCLE
AND NORTH CIRCLE.
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE PETITIONER ON 8-1-2018 TO THE CHIEF ENGINEER.
EXHIBIT P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE PETITIONER ON 11-1-2018 TO THE CHIEF ENGINEER.
EXHIBIT P7 TRUE COPY OF THE LETTER DATED 18-1-2018 SENT BY
THE CHIEF ENGINEER TO THE BIDDERS.
EXHIBIT P8 TRUE COPY OF THE DOCUMENTS SUBMITTED BY.
SRI SONY MATHEW RELATING TO EXISTING COMMITMENTS
AND ONGOING WORKS.
EXHIBIT P9 TRUE COPY OF THE DETAILS SUBMITTED BY AKSHYA
BUILDERS RELATING TO EXISTING COMMITMENTS AND
ONGOING WORKS.
EXHIBIT P10 TRUE COPY OF THE DEMAND DRAFT FOR GST PART OF
RS. 2700/- TAKEN BY M/S. BEGORRA INFRASTRUCTURE
& DEVELOPERS PVT.LTD.
EXHIBIT P11 TRUE COPY OF THE DEMAND DRAFT FOR GST PART OF
RS. 2700/- TAKEN BY SRI. SONY MATHEW.
EXHIBIT P12
TRUE COPY OF THE SPECIMEN AFFIDAVIT
EXHIBIT P13
TRUE COPY OF THE REGISTRATION CERTIFICATE
NO.47A/SECCA/08-09 OF THE RAJI MATHEW & CO.
EXHIBIT P14
TRUE COPY OF THE PAN CARD OF THE RAJI MATHEW & CO.
EXHIBIT P15
TRUE COPY OF THE CERTIFICATE OF PROVISIONAL
REGISTRATION OF RAJI MATHEW & CO.
EXHIBIT P16
TRUE COPY OF THE REGISTRATION CERTIFICATE NO.
12A/SECCA/96-97 OF RAJI MATHEW
EXHIBIT P17
TRUE COPY OF THE PAN CARD OF RAJI MATHEW
EXHIBIT P18
TRUE COPY OF THE CERTIFICATE OF PROVISIONAL
REGISTRATION OF RAJI MATHEW
EXHIBIT P19
TRUE COPY OF THE FIRST TWO PAGES OF AGREEMENT NO.
73/SECCA/2017-2018 DATED 30TH JUNE, 2017
WP(C).No. 2302 of 2018 (K)
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EXHIBIT P20
TRUE COPY OF THE FIRST TWO PAGES OF AGREEMENT
NO.13/SECCA/2016-2017 DATED 24TH MAY 2016
EXHIBIT P21
TRUE COPY OF THE CERTIFICATE OF COMPLETION
DATED 23.01.2018
EXHIBIT P22
TRUE COPY OF THE PAYMENT RECEIPT DATED 07.12.2017
RESPONDENT(S)' EXHIBITS
ANNEXURE R3(a)
A TRUE COPY OF THE CIRCULAR No.RW/NH-37010/4/2010.PIC-EAP
(Printing) OF MoRTH DATED 16.01.2017 ISSUED
BY THE MINISTRY OF ROAD TRANSPORT & HIGHWAY.
ANNEXURE R3(b)
A TRUE COPY OF THE DETAILS OF THE EXISTING
COMMITMENT OF THE BIDDERS UNDER PWD (R&B)
CENTRAL CIRCLE, ALUVA
ANNEXURE R3(c)
TRUE COPY OF THE REVISED LIST SUBMITTED BY THE
SUPERINTENDING ENGINEER, PWD ROAD AND BRIDGES,
CENTRAL CIRCLE, ALUVA
EXT. R7(a)
TRUE COPY OF THE PRINT OUT OF THE INFORMATION
DISCLOSED BY THIS RESPONDENT, ONLINE WITH RESPECT
TO THE WORK FOR THE PURPOSE OF CLAUSE 4.5.9
EXT. R7(b)
TRUE COPY OF PRINT OUT OF THE REPLY SUBMITTED BY
THIS RESPONDENT IN RESPONSE TO EXT.P7
EXT. R7(c)
TRUE COPY OF THE RELEVANT PAGES OF INVITATION
FOR BIDS FLOATED BY THE NORTH CIRCLE
EXT. R7(d)
TRUE COPY OF RELEVANT PAGES OF INVITATION FOR
BIDS FLOATED BY THE SOUTH CIRCLE
EXT. R7(e)
TRUE LEGIBLE COPIES OF KEY ITEMS OF EQUIPMENTS
UPLOADED BY THE PETITIONER IN TERMS OF CLAUSE 4.5.5
EXT. R7(f)
TRUE COPY OF CERTIFICATES ISSUED BY ENGINEERS CONCERNED
EXT. R7(g)
TRUE COPY OF BID SUBMISSION CONFIRMATION DOWNLOADED
FROM THE WEBSITE
EXT. R7(h)
TRUE COPY OF REPLY DATED 09.02.2018 SUBMITTED BY THIS
RESPONDENT
EXT. R7(i)
TRUE COPY OF STANDARD BIDDING DOCUMENT PROCUREMENT
OF CIVIL WORKS
//TRUE COPY//
PA TO JUDGE
rk
ANU SIVARAMAN, J.
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W.P.(C)No.2302 OF 2018
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Dated this the 5th day of April, 2018
JUDGMENT The petitioner has approached this Court with the following prayers: (i) Call for the records leading to Ext.P7 and issue a writ of certiorari quashing the same, in so far as it provides additional opportunity to the bidders to furnish additional information and certificates till 22-01-2018 i.e after the last date of 12.12.2017 prescribed in Ext.P1 for submitting tenders; (ii) Issue a writ of mandamus or any other appropriate writ order or direction, commanding respondents 1 to 4 to ensure that only the tenders submitted by tenderers who have remitted GST at the treasury as -2- W.P.(C)No.2302 OF 2018 provided in clause 4 of the table to Exhibit P1, are considered for evaluation of tenders; (iii) Issue a writ of mandamus or any other appropriate writ order or direction, commanding respondents 1 to 4 to ensure that only the documents submitted before 5 PM on 12.12.2017 is considered by the Tender Evaluation Committee; (iv) Issue a writ of mandamus or any other appropriate writ order or direction, commanding the respondents 1 to 4 to disqualify the tenderers, by invoking clause 4.5.10, who have failed to furnish the existing commitments and ongoing works and works for which bids have already submitted as mandated in table (A) and (B) of clause 4.1 of Section 2 of the Tenders;
-3- W.P.(C)No.2302 OF 2018
2.Heard the learned Counsel for the petitioner, learned Government Pleader and the learned Counsel appearing for the contesting party respondents.
3.It is submitted by the learned counsel for the petitioner that the evaluation of the technical bids is complete and the financial bids have also been considered by the respondents. It is also submitted that substantial issues between the parties would stand settled in terms of the interim order dated 22.03.2018. Since the direction was to the respondents to continue with the tender proceedings taking note of the documents furnished as on the last date fixed for submitting the tender. The learned Counsel for the petitioner contends that the 7th respondent had not disclosed certain works undertaken by them which would have a bearing on the bid capacity of the 7th
-4- W.P.(C)No.2302 OF 2018 respondent. These are aspects to be considered by the tendering authorities.
4.The writ petition is therefore disposed of in terms of the interim order dated 22.03.2018. There will be a further direction that the bids will be evaluated strictly in accordance with tender conditions as well as the circulars in force. The writ petition is disposed of as above. ANU SIVARAMAN, JUDGE //// PA TO JUDGE rk/05.04.2018
