M/S Valappy Explosives vs the Tender Inviting Authority (Dgm-O)

M/S Valappy Explosives vs The Tender Inviting Authority (Dgm-O)

Type Court Judgment Court Kerala Decided Oct 05, 2023

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https://sooperkanoon.com/case/1388941

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Citation: sooperkanoon.com/1388941
Court: Kerala High Court
Judge: Honourable Mr. Justice Devan Ramachandran
Decided On: Oct 05, 2023
Case Number: WP(C)/29812/2023

Parties & Advocates

Appellant / Petitioner

M/S Valappy Explosives

Respondent

The Tender Inviting Authority (Dgm-O)

Excerpt

.....also submitted that the allegations of the petitioner made against his client are extremely mischievous and intended only to tarnish them and nothing more.4. even though i have recorded the submissions ofsri.c.k.karunakaran as afore, the fact remains that this court need wp(c) no. 29812 of 2023 3 not enter into the merits of any of the rival contentions because, it is for the petitioner to invoke appropriate remedies, if they are interested in challenging the loi already issued or to be issued to the 5th respondent. in the afore circumstances, i allow this writ petition and direct the 1st respondent - tender inviting authority, to make available to the petitioner the report of the committee and a copy of the decision taken on ext.p1 appeal, as and when it is issued. the report as afore shall be made available to the petitioner within a period of two weeks; while the decision to be taken on ext.p1 appeal, within a period of two weeks from the date on which it is issued. needless to say, all contentions of the rival parties are left open, to be pursued and impelled by them in future, as they may be advised. sd/- devan ramachandran judge mc/5.10 wp(c) no. 29812 of 2023 4 appendix of wp(c) 29812/2023 petitioner exhibits exhibit-p1 a true copy of the appeal memorandumsubmitted by the petitioner before the 1st to 4th respondents dated 19-06-2023 without annexed documents.exhibit-p2 a true copy of the judgment dated 10-07- 2023 of the honourable high court of kerala in w.p.(c) no. 22214/2023. exhibit-p3 a true copy of the notice inviting tender with reference no. lpg-o/industry/pvt. bottlers/2 dated 07-03-2019 exhibit-p4 a true copy of the final marksheet dated 27-11-2019 published pursuant to exhibit- p3. exhibit-p5 a true copy of the interim order dated 07- 04-2022 in w.p.(c) no. 12828/2021 on the files of the honourable high court of kerala. exhibit-p6 a true copy of the industry record note, dated 09-01-2023, produced before this honourable court as.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN THURSDAY, THE 5TH DAY OF OCTOBER 2023 / 13TH ASWINA, 1945 WP(C) NO. 29812 OF 2023 PETITIONER: M/S VALAPPY EXPLOSIVES CHERUVALOOR POST, PULIKKAKADAVU ROAD, KORATTY, THRISSUR DISTRICT, PIN- 680 308 REPRESENTED BY PROPRIETOR E.C.THOMAS, AGED 70 YEARS, SON OF CHAKKAPPAN, ELUVATHINKAL VALAPPY HOUSE, MURINGOOR VADAKKUMURI VILLAGE, MURINGOOR POST, CHALAKUDY TALUK, THRISSUR DISTRICT, KERALA STATE. PIN- 680 309, PIN - BY ADVS. SHIBIN K.F. SEBY JOSEPH RESPONDENTS:
1 THE TENDER INVITING AUTHORITY (DGM-O) INDIAN OIL CORPORATION LTD., INDIAN OIL BHAVAN, G-9, ALI YAVAR JUNG MARG BANDRA (EAST), MUMBAI, REPRESENTED BY ITS AUTHORISED OFFICER, PIN - 400051 2 THE CHIEF GENERAL MANAGER MARKETING (LPG) HQ & APPELLATE AUTHORITY, BHARAT PETROLEUM CORPORATION LIMITED - CHAIRMANS OFFICE, BHARAT BHAVAN, 4 & 6 CURRIMBHOY ROAD, BALLARD ESTATE, MUMBAI, MAHARASTHRA, PIN - 400001 3 THE INDIAN OIL CORPORATION LTD. CORPORATE OFFICE, PLOT NO.3079/3, SADIQ NAGAR, J.B. TITO MARG, NEW DELHI, REPRESENTED BY ITS AUTHORISED OFFICER, PIN - 110049 4 THE HINDUSTAN PETROLEUM CORPORATION LIMITED PETROLEUM HOUSE 17, JAMSHEDJI TATA ROAD, MUMBAI, MAHARASHTRA, REPRESENTED BY ITS AUTHORISED OFFICER, PIN - 400020 5 M/S M.K. GASTECH PRIVATE LIMITED VANNAMADA, PALAKKAD DISTRICT, KERALA STATE. REPRESENTED BY ITS AUTHORISED OFFICER, PIN - 678555 SRI.M.GOPIKRISHNAN NAMBIAR - SC SRI.C.K.KARUNAKARAN - SC R5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 29812 OF 2023 2

JUDGMENT

The learned counsel for the petitioner - Sri.Shibin K.F. confined his plea on behalf of his client, that respondents 1 to 4 be directed to issue them a report of the new Committee, constituted pursuant to Ext.P5 interim order of this Court, as well as the decision on Ext.P1 Appeal, as expeditiously as is possible, because they intend to challenge the same, as also the consequent grant of Letter of Intent

(LOI) by the 3rd respondent - Indian Oil Corporation Ltd., to the 5 th respondent.

2. Sri.M.Gopikrishnan Nambiar - learned Standing Counsel for

the Indian Oil Corporation, submitted that the afore documents can be made over to the petitioner without any delay; but requested that this Court may not enter into the merits of any of his contentions in this writ petition, because they are all untenable.

3. Sri.C.K.Karunakaran - learned counsel appearing for the 5th

respondent, also submitted that the allegations of the petitioner made against his client are extremely mischievous and intended only to tarnish them and nothing more.

4. Even though I have recorded the submissions of

Sri.C.K.Karunakaran as afore, the fact remains that this Court need WP(C) NO. 29812 OF 2023 3 not enter into the merits of any of the rival contentions because, it is for the petitioner to invoke appropriate remedies, if they are interested in challenging the LOI already issued or to be issued to the 5th respondent. In the afore circumstances, I allow this writ petition and direct the 1st respondent - Tender Inviting Authority, to make available to the petitioner the report of the Committee and a copy of the decision taken on Ext.P1 appeal, as and when it is issued. The report as afore shall be made available to the petitioner within a period of two weeks; while the decision to be taken on Ext.P1 appeal, within a period of two weeks from the date on which it is issued. Needless to say, all contentions of the rival parties are left open, to be pursued and impelled by them in future, as they may be advised. Sd/- DEVAN RAMACHANDRAN JUDGE MC/5.10 WP(C) NO. 29812 OF 2023 4 APPENDIX OF WP(C) 29812/2023 PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE APPEAL MEMORANDUM

SUBMITTED BY THE PETITIONER BEFORE THE 1ST TO 4TH RESPONDENTS DATED 19-06-2023 WITHOUT ANNEXED DOCUMENTS.

Exhibit-P2 A TRUE COPY OF THE JUDGMENT DATED 10-07- 2023 OF THE HONOURABLE HIGH COURT OF KERALA IN W.P.(C) NO. 22214/2023. Exhibit-P3 A TRUE COPY OF THE NOTICE INVITING TENDER WITH REFERENCE NO. LPG-O/INDUSTRY/PVT. BOTTLERS/2 DATED 07-03-2019 Exhibit-P4 A TRUE COPY OF THE FINAL MARKSHEET DATED 27-11-2019 PUBLISHED PURSUANT TO EXHIBIT- P3. Exhibit-P5 A TRUE COPY OF THE INTERIM ORDER DATED 07- 04-2022 IN W.P.(C) NO. 12828/2021 ON THE FILES OF THE HONOURABLE HIGH COURT OF KERALA. Exhibit-P6 A TRUE COPY OF THE INDUSTRY RECORD NOTE, DATED 09-01-2023, PRODUCED BEFORE THIS HONOURABLE COURT AS EXHIBIT-R2(A) IN W.P.

Exhibit-P7 A TRUE COPY OF THE JUDGMENT IN W.A. NO. Exhibit-P8 A TRUE COPY OF THE APPLICATION DATED 18- 07-2023 SUBMITTED TO THE 2ND RESPONDENT SEEKING THE REPORT OF THE NEW COMMITTEE Exhibit-P9 A TRUE COPY OF THE POSTAL RECEIPT DATED 18-07-2023. Exhibit-10 THE TRACK CONSIGNMENT PRINTOUT DOWNLOADED FROM HTTPS://WWW.INDIAPOST.GOV.IN/_LAYOUTS/15/D OP.PORTAL.TRACKING/TRACKCONSIGNMENT.ASPX DATED 06-09-2023. Exhibit-P11 A TRUE COPY OF THE POSTAL ORDER OF ₹20/- (RUPEES TWENTY ONLY) DATED 18-07-2023 AND DRAWN ON THE 2ND RESPONDENT

Same Court & Year Kerala · 2023 Same Parties M/S Valappy Explosives vs The Tender Inviting Authority (Dgm-O) Same Judge Honourable Mr. Justice Devan Ramachandran