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2022 Supreme(Ker) 376

S.MANIKUMAR, SHAJI P.CHALY
Indian Oil Corporation Limited – Appellant
Versus
Servotech Power Systems Ltd. – Respondent


Advocates Appeared:
For the Appellant : E.K. Nandakumar (Sr.), M. Gopikrishnan Nambiar, John Mathai K., Joson Manavalan, Kuryan Thomas, Paulose C. Abraham, Raja Kannan.
For the Respondent: Sajith Kumar V. (B/O).

JUDGMENT :

Shaji P. Chaly, J.

Respondents in W. P. (C) No. 17593 of 2021 have preferred the appeal challenging the judgment of the learned Single Judge dated 05.01.2022 whereby the writ petition was allowed and Ext. P1 decision taken by the appellants to put the writ petitioner / 1st respondent, a contractor, in holiday list for a period of one year starting from 17.08.2021 is quashed.

2. Brief material facts for the disposal of the appeal are as follows:-

3. The appellant Oil Corporation had invited tenders for replacement of non-LED lights with LED lights on canopy & Yard Lights and allied works at retail outlets under various Divisional Offices of Kerala State, including Kozhikode, Trivandrum and Kochi. The tender conditions were specifically laid down and the tender notification also stipulates the conditions for holiday listing of entities, if any adverse situations are arising out of the contract, consequent to the default or negligence on the part of the contractor.

4. Ext. P2 is the relevant pages of the tender notice. Petitioner participated in the tender process, and being successful, entered into a contract for the replacement of non-LED lights with LED lights on canopy & Yar

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