Karnataka High Court M/S Bannari Constructions vs Karnataka Soaps And Detergents Limited on 13 February, 2024 1 NC: 2024:KHC:6032 WP No. 2400 of 2024 DATED THIS THE 13TH DAY OF FEBRUARY, 2024 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 2400 OF 2024 (GMTEN) BETWEEN: 1. M/S. BANNARI CONSTRUCTIONS, NO.4, GIRIDARSHINI LAYOUT, T. NARASIPURA ROAD, MYSORE 570 011. REPRESENTED BY ITS MANAGING PARTNER, SRI. RAJU GOWDA, AGED ABOUT 53 YEARS, S/O. LATE M.K. CHIKKMARIGOWDA. 2. M/S CHEMIXIL CORPORATION, NO.109, SHRESHTA BHUMI COMPLEX, K.R. ROAD, BENGALURU 560 004. REPRESENTED BY ITS MANAGING PARTNER, Digitally signed by SRI. B.S. GURURAJ, NAGAVENI AGED ABOUT 72 YEARS, Location: HIGH COURT OF S/O LATE M.K. SRINIVAS MURTHY. KARNATAKA 3. M/S DELICIA CHEMICALS, NO.19, Ist FLOOR, 5th MAIN, 4th CROSS, CHAMRAJAPETE, BENGALURU 560 018 REPRESENTED BY ITS MANAGING PARTNER, SRI. T.A. SRINIVASA MURTHY, AGED ABOUT 76 YEARS, S/O ASHWATHANARAYAN. ...PETITIONERS (BY SMT. DEEPASHREE, ADVOCATE) 2 NC: 2024:KHC:6032 WP No. 2400 of 2024 AND: 1. KARNATAKA SOAPS AND DETERGENTS LIMITED, NO.27 INDUSTRIAL SUBURB, BENGALURU PUNE HIGHWAY, BENGALURU 560 055. REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE DEPUTY GENERAL MANAGER, KARNATAKA SOAPS AND DETERGENTS LIMITED, NO.27 INDUSTRIAL SUBURB, BENGALURUPUNE HIGHWAY, BENGALURU 560 055. ...RESPONDENTS (BY SRI. GANGADHAR R. GURUMATH, SENIOR ADVOCATE A/W SMT. MANJULA D., ADVOCATE) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE TERMS OF TECHNICAL BID AT CLAUSE SLNO.6B IN ANNEXUREE AND THE FURTHER AMENDMENT TO THE SAME IN ANNEXUREH AND FURTHER AMENDMENT TO THE SAME ANNEXUREL FOR TENDERS DATED:13.12.2024 PROCUREMENT NO.S KSDL/2023 24/IND0099 KSDL/202324/IND0100, KSDL/2023 24/IND0101, KSDL/202324/IND0102, KSDL/2023 24/IND0103, KSDL/202324/IND0104, KSDL/202324/IN0105, AND KSDL/202324/IND0106 FOR TENDERS DATED:14.12.2023 PROCUREMENT NUMBERS KSDL/2023 24/INDO107, KSDL/202324/INDO108,KSDL/2023 24/INDO109, KSDL/202324/INDO110, KSDL/2023 24/INDO111, KSDL/202324/INDO112, KSDL/2023 24/INDO113, KSDL/202324/INDO114,KSDL/2023 24/INDO115, KSDL/202324/INDO116, AND KSDL/2023 24/INDO117, AND ALSO CLAUSE SL NO. 12 OF TECHNICAL BID PRODUCED AT ANNEXUREE1 FOR PROCUREMENT OF SANDALWOOD OIL TENDER PROCUREMENT NUMBER KSDL/202324/IND0310 DATED:03.01.2024 AS UNREASONABLE ARBITRARY VIOLATIVE OF TRANSPARENCY LAW AND ALSO VIOLATIVE ARTICLE 14 OF THE CONSTITUTION 3 NC: 2024:KHC:6032 WP No. 2400 of 2024 OF INDIA AND DOES NOT PROVIDE EQUAL OPPORTUNITY AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER The petitioners are before this Court calling in question a Notice Inviting Tender ('the NIT' for short) notified for the purpose of procurement of perfumeries by the respondents Karnataka Soaps and Detergent limited (hereinafter referred to as 'the company' for short). The challenge is to the condition stipulated therein. 2. Heard Smt. Deepashree, learned counsel appearing for the petitioners and Sri. Gangadhar R. Gurumath, learned Senior counsel appearing for the respondents. 3. Facts in brief, germane, are as follows: The first petitioner claims to be a partnership concern and in the business of marketing petrochemicals and aromatic essen