U.L.BHAT
THOMAS – Appellant
Versus
COCHIN REFINERIES LTD – Respondent
1. Aggrieved by the rejection of the lowest tender submitted by the petitioner and acceptance of the next higher tender submitted by the third respondent for the construction work of a building complex for the first respondent-Cochin Refineries Ltd., petitioner has filed this Original Petition under Art.226 of the Constitution of India seeking a writ of certiorari quashing the decision of first respondent awarding the work to third respondent and a writ of mandamus directing first respondent to consider Ext. P4 representation and to award the contract to petitioner. Third respondent and the Secretary of first respondent have sworn to counter-affidavits.
2. The facts emerging from the pleadings and documents produced in the case can be summarised as follows As per Ext. R6 tender notification dated 1-3-1982, first respondent-Cochin Refineries Limited, a Government Company incorporated under the Companies Act, 1956, sealed item-rate tenders were invited from experienced and financially sound contractors for constructing a new service building at the Company's premises to house a Canteen, changing room, Co-operative Society etc. Tenders were to be accompanied with Earnest mo
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