IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1303 of 2009()
1. M/S STRICAST GUTSTRINGS(P)LIMITED,
... Petitioner
Vs
1. KERALA MEDICAL SERVICES CORPORATION LTD,
... Respondent
2. M/S.B.BRUAN MEDICAL(INDIA)PVT.LTD.,UNIT
3. M/S.MCO HOSPITAL AIDS PTV.LTD.,32,IST
4. M/S.SUTURES INDIA PVT.LTD.,NO.472,13TH
5. M/S.FUTURA SURGICARE PVT.LTD,NO.29,
6. M/S.HINDUSTRAN LATEX LTD,LATEX BHAVAN,
7. M/S.JOHNSON & JOHNSON (ETHICON DIVISION)
For Petitioner :SRI.P.DEEPAK
For Respondent :SRI.M.AJAY,SC,KERALA MEDICAL SERV.CORPN
The Hon'ble the Chief Justice MR.S.R.BANNURMATH
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :15/07/2009
O R D E R
S.R.BANNURMATH, C.J. &
KURIAN JOSEPH,J.
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W.A.No.1303 of 2009
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Dated this the 15th day of July, 2009
JUDGMENT
Kurian Joseph,J.
Appellant is the petitioner. He approached this court
aggrieved by the refusal on the part of the respondent to
permit him to participate in the tender. Due to the alleged
deficiency in the earnest money deposit, the tender was
rejected. The learned single Judge dismissed the writ
petition and hence the writ appeal. When the matter was
pending before us, we had directed the first respondent to
get instruction as to what is the present situation. It is
informed that since the tender of the writ petitioner was
rejected in view of the huge price difference, the first
respondent verified whether the nearest lower tenderers
were prepared to match the price offered by the writ
petitioner. Since they were not prepared to match the
W.A.No.1303 of 2009
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price, it is submitted that the first respondent has now
decided to initiate retender proceedings in respect of 14 items
quoted by the writ petitioner. It is also submitted that since
the writ petitioner is not otherwise disqualified he can also
participate in the retender proceedings. In that view of the
matter we dispose of the writ appeal with liberty to the writ
petitioner to participate in the retender proceedings. It is
made clear that the judgment under appeal will not stand in
the way of the first respondent taking recourse to the
proceedings as above.
S.R.BANNURMATH,
Chief Justice
KURIAN JOSEPH,
Judge
ahg.
BANNURMATH, C.J. &
KURIAN JOSEPH,J.
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W.A.No.1303 of 2009
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JUDGMENT
15th July, 2009