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M/S Virchow Biotech PVT LTD vs. The State Of Kerala

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WP(C)/7673/2018HC KeralaGSTCNR KLHC01039263201807 March 2018Bench: HONOURABLE MR. JUSTICE SHAJI P.CHALY4 pages

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Cause title — parties, addresses and appearances
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE SHAJI P.CHALY WEDNESDAY, THE 7TH DAY OF MARCH 2018 / 16TH PHALGUNA, 1939 WP(C).No. 7673 of 2018 PETITIONER: M/S VIRCHOW BIOTECH PVT. LTD. PLOT NO.319, 3RD FLOOR, SWAMY AYYAPPA CO-OPERATIVE HOUSING SOCIETY, MADHAPUR, HYDERABAD, TELEGANA, PIN - 500 081. BY ADVS.SRI.BIJU BALAKRISHNAN SMT.V.S.RAKHEE SRI.P.V.JEEVESH RESPONDENT(S): 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HEALTH & FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE KERALA MEDICAL SERVICES CORPORATION LTD. (TENDER INVITING AUTHORITY), THYCAUD P.O., THIRUVANANTHAPURAM - 695 014, REPRESENTED BY ITS MANAGING DIRECTOR. 3. THE TENDER EVALUATION COMMITTEE, THE KERALA MEDICAL SERVICES CORPORATION LTD., THYCAUD P.O., THIRUVANANTHAPURAM - 695 014, REPRESENTED BY ITS CONVENER. R1 BY GOVERNMENT PLEADER SRI.P.N. MANOJ R2 & R3 BY SRI.M.AJAY,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-03-2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PBS 7/3/2018 WP(C).No. 7673 of 2018 (H) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1. TRUE COPY OF THE TENDER DOCUMENT NO.KMSCL/DRGED/SPL/RC/2017/024. EXHIBIT P2. TRUE COPY OF THE NOTICE DATED, 06.01.2018 OF THE 2ND RESPONDENT. EXHIBIT P3. TRUE COPY OF NOTICE DATED 29.01.2018 OF THE 2ND RESPONDENT 7. EXHIBIT P4. TRUE COPY OF NOTICE DATED 06.02.2018 OF THE 2ND RESPONDENT. EXHIBIT P5. TRUE COPY OF THE LETTER DATED 06.02.2018 OF THE MANAGING DIRECTOR TO THE 2ND RESPONDENT TO THE PETITIONER. EXHIBIT P6. TRUE COPY OF THE RELEVANT PAGES OF SCHEDULE 4, LIST OF GOODS AT 5% GST. EXHIBIT P7. TRUE COPY OF ANNEXURE IV, GAMA GLOBULIN INJ. SUBMITTED BY THE PETITIONER ALONG WITH THE TENDER DOCUMENT. EXHIBIT P8. TRUE COPY OF ANNEXURE IV, HUMAN ALBUMIN INJECTION SUBMITTED BY THE PETITIONER ALONG WITH THE TENDER DOCUMENT. EXHIBIT P9. TRUE COPY OF THE REPRESENTATION DATED 26.02.2018 SUBMITTED BY THE PETITIONER. EXHIBIT P10. TRUE COPY OF NOTICE DATED 28.02.2018 OF THE 2ND RESPONDENT. RESPONDENT'S EXHIBIT NIL /TRUE COPY/ PA TO JUDGE PBS 7/3/2018 SHAJI P. CHALY, J. ----------------------------------------------- W.P.(C) No.7673 of 2018 ----------------------------------------------- Dated this the 7th day of March, 2018

J U D G M E N T Consequent to the invitation of tender by the 2nd respondent, petitioner participated in the bid. It was a two cover bid. Petitioner was qualified in the technical bid. According to the petitioner, petitioner was L1 in the commercial bid. However, later Ext.P4 is issued, whereby it is stated that, one of the bids submitted by the petitioner is kept in abeyance. Thereafter Ext.P5 notice is issued in respect of the issue regarding GST. The issue with respect to the GST was considered and it was sorted out.

2.

Any how according to the petitioner, when the issue with respect to the GST was heard, petitioner could make out that, there are chances that, petitioner will be eliminated from the process. Thereupon, petitioner has submitted Ext.P9 before the 1st respondent, which is pending consideration. It is submitted by the learned

W.P.(C) No.7673 of 2018 2 counsel for petitioner that, the situation would suffice, if there is a direction to the 1st respondent to consider Ext.P9 and take a decision on the same. It is also submitted, during the interregnum a fresh notification is issued by the 2nd respondent Corporation inviting tender for the supply of products and seeks appropriate directions in accordance with the same also.

3.

Having heard learned counsel for petitioner and learned Senior Government Pleader as well as counsel appearing for respondents 2 and 3, there will be a direction to the 1st respondent to consider Ext.P9 in accordance with law, at the earliest possible time and at any rate within a month from the date of receipt of a copy of this judgment. Till such time if any fresh tender is invited, the same will be put on hold. The parties will be guided by the orders so passed. Writ petition is disposed of accordingly. SHAJI P. CHALY

JUDGE Smv/7.3.2018

Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.