IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 15TH JULY 2009 / 24TH ASHADHA 1931 WA.No. 1303 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.15000/2009 Dated 01/06/2009 .................... APPELLANT(S): WRIT APPELLANT ---------------------------- M/S STRICAT GUTSTRINGS(P)LIMITED, PLOT NO.169 SECTOR-4,IMT-MANESAR,GURGAON,HARYANA. REPRESENTED BY ITS REGIONAL MANAGER,M.DHARMAPALAN. BY ADV. SRI.P.DEEPAK RESPONDENT(S): RESPONDENTS -------------------------- 1. KERALA MEDICAL SERVICES CORPORATION LTD, REP.BY MANAGING DIRECTOR,THYCAUD, THIRUVANANTHAPURAM. 2. M/S.B.BRUAN MEDICAL(INDIA)PVT.LTD.,UNIT NO.1,5TH FLOOR,EAST QUADRANT,THE IL & FS FINANCIAL CENTER,BANDRA (EAST),MUMBAI-4000051. 3. M/S.MCO HOSPITAL AIDS PTV.LTD.,32,IST MAIN ROAD,LOWER PALACE,ORCHARDS,BANGALORE-560003. 4. M/S.SUTURES INDIA PVT.LTD.,NO.472,13TH CROSS,4TH PHASE,PENYA INDUSTRIAL AREA, BANGALORE-560058. 5. M/S.FUTURA SURGICARE PVT.LTD,NO.29, BALANJANEYA TEMPLE STREET,OPP.M.S.RAMAIAH MEMORIAL HOSPITAL,KGE LAYOUT,RMV 2ND STAGE, BANGALORE-5600094. 6. M/S.HINDUSTRAN LATEX LTD,LATEX BHAVAN, POOJAPPURA,THIRUVANANTAHPURAM. : 2 : 7. M/S.JOHNSON & JOHNSON (ETHICON DIVISION) 499,ANNA SALAI,THENAM POST,CHENNAI-600O18. ADV. SRI.M.AJAY,SC,KERALA MEDICAL SERV.CORPN FOR R1 SRI.V.KRISHNA MENON FOR R6 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 15/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.BANNURMATH, C.J. & KURIAN JOSEPH,J. ------------------------------------------------- W.A.No.1303 of 2009 -------------------------------------------------- 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 -:2:- 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. --------------------------- W.A.No.1303 of 2009 ---------------------------- JUDGMENT 15th July, 2009