IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 597 of 2009()
1. M/S.STERICAT GUTSTERINGS (P) LIMITED
... Petitioner
Vs
1. KERALA MEDICAL SERVICES CORPORATION
... Respondent
For Petitioner :SRI.P.DEEPAK
For Respondent :SRI.M.AJAY,SC,KERALA MEDICAL SERV.CORPN
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN
Dated :12/03/2009
O R D E R
KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ.
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Writ Appeal No.597 OF 2009
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Dated this the 12th day of March, 2009.
J U D G M E N T
Kurian Joseph, J.
The appellant is the petitioner in W.P.(C) No.7016/2009.
The writ petitioner is one of the tenderers under the respondent
for supply of drugs and supplies. The petitioner furnished
Earnest Money Deposit only to the tune of Rs.30,000/- whereas
under the tender conditions, it should be a minimum of
Rs.30,000 but to the tune of 1% of the total bid amount.
2. Learned standing counsel for the respondent has made
available a copy of the tender conditions. Prima facie, we do not
find any provision to the effect that merely because EMD is
insufficient, the tender is liable to be rejected. Whereas in
several other situations, it has been provided that the tender is
liable to be rejected.
3. However, in the nature of the order we propose to pass,
we do not think that at this stage we should go into those
aspects. The petitioner had in fact submitted Exhibit P5
W.A.No.597/2009 2
representation seeking for permission to cure the defect.
Learned Single Judge dismissed the writ petition without any
reference to Exhibit P5 representation.
In the above facts and circumstances of the case, we set
aside the judgment under appeal and dispose of the writ petition
directing the Managing Director of the respondent to consider
Exhibit P5, with notice also to other bidders who have been
provisionally selected as per Exhibit P4. A decision on Exhibit P5
shall be taken within a period of two weeks from the date of
production of a copy of this judgment. We make it clear that we
have not expressed any opinion as to the merits of the case and
all the contentions are left open.
This writ appeal is disposed of as above.
KURIAN JOSEPH
JUDGE
S.S.SATHEESACHANDRAN
JUDGE
smp
W.A.No.597/2009 3
KURIAN JOSEPH &
S.S.SATHEESACHANDRAN, JJ.
W.A. No. 597 OF 2009
J U D G M E N T
12.03.2009