IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 WA.No. 2643 of 2009 --------------------------------- AGAINST THE ORDER IN WPC.31464/2009 Dated 19/11/2009 .................... APPELLANT/PETITIONER ------------------------------------ M/S.A.P.VARGHESE & SONS, ENGINEERING & TRANSPORTING CONTRACTORS, ANTHIKAD HOUSE, ELOOR SOUTH, UDYOGAMANDAL P.O., KOCHI 683501. REPRESENTED BY ITS MANAGING PARTNER SRI ANTONY VARGHESE S/O.AP.VARGHESE BY ADV. SRI.ABRAHAM MATHEW (VETTOOR) RESPONDENT/RESPONDENTS ------------------------------------------ 1. THE FERTILIZERS AND CHEMICALS TRAVANCORE LTD., (A GOVERNMENT OF INDIA ENTERPRISE), REGISTERED OFFICE AT ELOOR, UDYOGAMANDAL COCHIN 683501,REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR. 2. THE JOINT GENERAL MANAGER, THE FERTILIZERS AND CHEMICALS TRAVANCORE LTD., COCHIN DIVISION, AMBALAMEDU, KOCHI-682303. 3. THE DY.CHIEF MANAGER, (MATERIALS) TS., THE FERTILIZERS AND CHEMICALS TRAVANCORE LTD., CORPORATE MATERIALS, SRI CHITHIRA THIRUNAL BHAVAN, ELOOR, UDYOGAMANDAL, COCHIN - 683501. 4. THE GENERAL MANAGER, FINANCE, THE FERTILIZERS AND CHEMICALS TRAVANCORE LTD., HEAD OFFICE, ELOOR, UDYOGAMANDAL, COCHIN-683501. 5. P.SHANMUGHANATHAN, SENIOR REGIONAL MANAGER, GYPSUM, FACT,UDYOGAMANDAL, COCHIN - 683501. 6. THE CHIEF SUPERINTENDENT OF PRODUCTION FACT,COCHIN DIVISION, AMBALAMEDU,KOCHI-682303. 7. M/S.MARY MATHA CONSTRUCTION CO., MARY MATHA SQUARE, ARAKUZHA ROAD, MUVATTUPUZHA. 8. MR.SANTHOSH GEORGE, M/S.EDAYAL TECH, PUTHENCURIZ, ERNAKULAM DT. R1 TO R4 BY SRI.AM.SHAFFIQUE, SENIOR ADVOCATE ADV.SRI.E.K.NANDAKUMAR THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. -------------------------------------------------- W.A. No.2643 of 2009 ------------------------------------------------- Dated this the 23rd day of November, 2009 JUDGMENT S.R.Bannurmath, C.J. Aggrieved by the interim order passed by the learned Single Judge, vacating the interim order granted on the earlier occasion, the present writ appeal is filed. 2. Aggrieved by clause 8 of the tender notice claiming it to be arbitrary, unreasonable and unenforceable as well as discriminatory, the appellant had approached the learned Single Judge. Though initially on 11.11.2009, the learned Single Judge granted an interim order, after considering the objections raised by the respondents and noting the well settled law that terms of invitation to tender and conditions of tender are not generally open to judicial scrutiny because the inclusion of particular condition in the tender application is within the realm of contract and as the tender process which was in process was hampered because of the interim order, the learned Judge deemed it proper to W.A. No.2643 of 2009 - 2 - vacate the interim order. 3. After perusal of the impugned order, in the light of the earlier decision of the apex Court in the case of Ramana Dayaram Shetty V. International Airport Authority of India and others [(1979) 3 SCC 489] and the other case in Tata Cellular Limited v. Union of India [(1994) 6 SCC 651], we find absolutely no illegality or error in the impugned order passed by the learned Single Judge. As such, we find no merit in the writ appeal and the same is rejected. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns/vku.