High Court Kerala High Court

Arvind Engineering Co. Rep. By Its vs The Director on 22 June, 2009

Kerala High Court
Arvind Engineering Co. Rep. By Its vs The Director on 22 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 17165 of 2009(M)


1. ARVIND ENGINEERING CO. REP. BY ITS
                      ...  Petitioner

                        Vs



1. THE DIRECTOR,
                       ...       Respondent

2. THE PRINCIPAL,

3. THE SECRETARY TO GOVT.

                For Petitioner  :SRI.SHAJI P.CHALY

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :22/06/2009

 O R D E R
                                    V.GIRI, J.

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                W.P. (C) No.17165 & 17177 OF 2009
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                 Dated this the 22nd day of June, 2009

                               J U D G M E N T

Almost identical facts are involved in these two writ

petition. Therefore they have been heard together and are

disposed of by a common judgment.

2. I will refer to the facts in writ petition 17165 of 2009 for

the sake of convenience.

3. The petitioner, a partnership firm was carrying on

business of dealers of engineering, Survey, Drawing, Scientific

instruments, Stationery and allied products. First respondent

called for tender for supply of some Tools and Equipments as

evidenced by Ext.P1 and P2. P3 to P5 quotations were submitted

by the petitioner. The terms were found to be acceptable and P6

to P8 purchase orders were placed by first respondent. Certain

materials in terms of the supply orders were supplied as well.

According to the petitioner, the first respondent then proceeded to

cancel all the orders as per Ext.P12. This has been challenged in

the writ petition.

WPC. 17165 & 17177 OF 2009
: 2 :

4. Ext.P12 has been challenged in the writ petition on

various grounds. I am of the view that the petitioner shall first

approach the first respondent for revocation of Ext.P12. The first

respondent shall then consider the question of revoking Ext.P12.

If a revival of the original purchase orders can be brought about,

then it is open to the first respondent to do so.

5. Accordingly if the petitioners file a detailed

representation before the first respondent, in the manner

aforementioned, the first respondent shall look into the same and

after notice to the petitioner take appropriate decision on such

representation within one month from the date of receipt of the

representation along with copy of the judgment and copy of the

writ petitions.

Writ petition is disposed of as above.

(V.GIRI, JUDGE)

jma