IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 1ST JANUARY 2009 / 11TH POUSHA 1930 WP(C).No. 34654 of 2008(A) -------------------------- PETITIONER(S): --------------- M/S.P.M.R.CONSTRUCTION COMPANY, REP. BY ITS MANAGING PARTNER SHRI.P.M.ALAVI, S/O.MOIDEENKUTTY HAJI, MELMURI P.O., MALAPPURAM DISTRICT, PIN 676 514. BY ADV. SRI.C.K.ABDUL RAHIM SRI.K.A.SHAMSUDEEN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO PUBLIC WORKS DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, NATIONAL HIGH WAYS, (CONVENER, PRE-QUALIFICATION COMMITTEE), PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM. 3. THE SUPERINTENDING ENGINEER, PWD, N.H.NORTH CIRCLES, KOZHIKODE. 4. M/S.ERNAD ENGINEERING COMPANY REP: BY ITS MANAGING PARTNER, DOWN HILL, MALAPPURAM. 5. M/S.V.P.THEIMATHI & COMPANY, REP: BY ITS MANAGING PARTNER, EDAVANNA P.O., MALAPPURAM DISTRICT. ADV. SRI.BABU KARUKAPADATH FOR R5 SMT.M.A.VAHEEDA BABU FOR R5 SRI.JAGAN GEORGE FOR R5 SRI.K.A.NOUSHAD FOR R5 SRI.P.G.PRAMOD FOR R5 SRI.K.A.SALIL NARAYANAN FOR R4 SRI.V.P.MOHANDAS FOR R4 SMT.M.R.SREELATHA, GOVERNMENT PLEADER FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/01/2009, ALONG WITH WPC NO. 34753 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.34654/2008 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE CONTRACT REGISTRATION CERTIFICATE OF THE PETITIONER. P2 : COPY OF THE EXPERIENCE CERTIFICATE ISSUED BY THE EXECUTIVE ENGINEER, PWD, ROAD DIVISION, MANJERI DATED 24/07/2008. P3 : COPY OF THE INVITATIONS OF BID PUBLISHED BY THE 3RD RESPONDENT DATED 29/07/2008. P4 : COPY OF THE FIXED DEPOSIT RECEIPT DATED 08/09/2008 MADE IN THE NAME OF THE 3RD RESPONDENT. P5 : COPY OF G.O.(MS) 52/87/PW&T DATED 07/07/1987. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.34654 & 34753 of 2008 --------------------------------- Dated, this the 1st day of January, 2009 J U D G M E N T The tenders were invited for the work of improvement of riding quality in KM.40/00 to 54/00 of NH 213 by providing 50mm BM and 30 mm BC. The tenders submitted by the petitioners were ultimately rejected. In both these cases, the ground for rejection is that there was no valid bid security furnished by the petitioners. 2. Going by Clause 15.1 of the tender notice, the bid shall remain valid for a period not less than 120 days after the deadline date for bid submission. Clause 16.2 also provides that the bid security shall remain valid for 45 days beyond the validity of the bid. 3. The date of deadline for submission of bid was 09/09/2008 and therefore, the validity of the bid security, with 165 days of validity, should remain valid till 20/02/2009. The only question that arise for consideration is whether the bid security furnished by the petitioners satisfy the aforesaid condition. 4. In so far as the petitioner in WP(C) No.34753/2008 is concerned, the bid security furnished was a Fixed Deposit Receipt WP(C) Nos.34654 & 34753/2008 -2- from Federal Bank, Malappuram branch. The original of the Fixed Deposit Receipt produced by the learned Government Pleader shows that the maturity period specified was five months and the deposit will mature on 08/02/2009. If that be so, evidently, the bid security furnished by the petitioner do not satisfy the conditions specified in Clauses 15 & 16 of the tender conditions, in terms of which the bid security should remain valid till 20/02/2009. 5. Similar is the case of the petitioner in WP(C) No.34654/2008, where the Fixed Deposit Receipt issued by the Punjab National Bank was made available and it shows that the deposit made was for four months period and the date of maturity is 08/01/2009. For the same reason noticed above, this also does not satisfy the tender conditions referred to above. 6. If that be so, the rejection of the tenders on the ground that the bids made by the petitioners were not in compliance with the tender conditions has to be upheld and I do so. These writ petitions fail and are, accordingly, dismissed. (ANTONY DOMINIC, JUDGE) jg