C.V.KARTHIKEYAN
Padmavathi Hospitality & Facilities Management Services, Rep. by its Partner & Authorized Representative Pradeep Kanumuri – Appellant
Versus
Tamil Nadu Medical Service Corporation (A Government of Tamil Nadu undertaking) Chennai – Respondent
Key Points: - The court emphasized restraint and caution in judicial intervention in contractual or commercial matters involving public sector undertakings. (!) (!) - The writ court cannot substitute itself for the Tender Accepting Authority and cannot engage in roving examination of facts or applicability of law in tender matters. (!) (!) - The petitioner’s challenge to the acceptance of the financial bid by the 4th respondent was dismissed; remedy lies in appeal under Section 11 after notification of award. (!) (!) - The Tender process and price negotiation were conducted following the TN Tenders Act and Rules, with appellate rights available within specified timelines. (!) (!) (!) - The Supreme Court/Apex-level guidance on restraint in judicial review of tender processes is cited to support minimal interference. (!) (!) (!) - The judgment directs costs against the petitioners for misuse of the writ petition and from the relief fund. (!) - The tender invited for zone-based bids and the evaluation included GST considerations as per the tender terms. (!) (!) (!) (!) - (!)
JUDGMENT
(Prayer in W.P.No.24412 of 2019:Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the 1st respondent to reject the bid of the 4th respondent and consequently award the contract in Tender No.432/outsourcing/DME/TNMSC/Engg/2019 dated 19.02.2019 to the petitioner herein for all Zones namely, Zone 1-5.
In W.P.No.27267 of 2019:Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to reject the bids of the 3rd and 4th respondents and consequently direct the 1st respondent to award the contract in relating to Tender No.432/outsourcing/DME/TNMSC/Engg/2019 dated 19.02.2019 to the petitioner for Zones I to V.)
Common Order:
W.P.24412 of 2019:
1. Writ Petition filed in the nature of Mandamus to direct the 1st respondent, namely, The Tamil Nadu Medical Service Corporation (A Government of Tamil Nadu undertaking), to reject the bid of the 4th respondent namely, M/s.Krystal Integrated Services Pvt. Ltd., Mumbai, and consequently award the contract in Tender No.432/outsourcing/DME/TNMSC/Engg/2019 dated 19.02.2019 to the petitioner for all the zones namely, zones
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