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2023 Supreme(Online)(KER) 17732

HIGH COURT OF KERALA
A.J.DESAI, CJ, V. G. Arun, J
NAMSHAD A – Appellant
Versus
KERALA WATER AUTHORITY – Respondent


Advocates:
ADV BABU JOSEPH KURUVATHAZHA, ADV. P.M.JOHHNY FOR KWA, ADV. P.M.UNNI NAMBOODIRI FOR R4,5

JUDGMENT

Dated this the 19th day of October 2023 A.J. Desai, C.J.

The present appeals arise from the judgments dated

21.09.2023 in W.P.(C) Nos.9988 and 3396 of 2023, by which the writ petitions filed by the present appellant, challenging the action on the part of the Kerala Water Authority in accepting the bid of the private respondents in both cases, contrary to the terms and conditions of the contract, came to be rejected.

2. Short facts that arise from the records are as under:

The respondent Kerala Water Authority by e-tender No.WRD/KWA-CE(SR)/TR/4921/2022 5.11/1 and re e-tender No.SE/PHC/KKD/84/2022-23 invited bids from contractors for carrying out different civil works. In response to the tender notices, the appellant as well as the private respondents submitted their applications. The details about the documents submitted by the participating contractors were available on the website of the Kerala Water Authority.

3. The appellant/petitioner having come to know that the private respondents in the writ petitions, who became successful in the bids conducted based on the notices, had not submitted one document i.e., the solvency certificate in the prescribed format, made representati

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