ORDER :

The petitioner, which is a partnership concern, is before this Court calling in question an order dated 29-02-2024 which rejects the technical bid of the petitioner for tenders as found in the prayer. A consequent direction by issuance of a writ in the nature of mandamus is also sought to consider the bids of the petitioner afresh without insisting upon EMD along with other bids for the procurement year 2023-24.

2. Heard Sri Udaya Holla, learned senior counsel appearing for the petitioner, Sri K.S.Harish, learned Government Advocate appearing for respondent No.1, Sri Gangadhar Gurumath, learned senior counsel appearing for respondent No.2/Company and Sri P. Prasanna Kumar, learned counsel appearing for impleading applicants on I.A.No.1 of 2024.

3. The facts, in brief, germane are as follows:-

The petitioner, a proprietorship concern claims to be a Micro, Small and Medium Enterprise (‘MSME’) registered on 03-02-2021. The petitioner was treated as a small enterprise by the 2nd respondent/Karnataka Soaps and Detergents Limited (hereinafter referred to as ‘the Company’ for short). The bids submitted by the petitioner were accepted without insisting upon earnest money deposit for th