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1982 Supreme(Ker) 114

U.L.BHAT
THOMAS – Appellant
Versus
COCHIN REFINERIES LTD – Respondent


Judgment :-

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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