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2023 Supreme(Online)(KER) 10101

HIGH COURT OF KERALA
S.MANIKUMAR, CJ, SHAJI P.CHALY, J
M/S. PGCCPL & ARYACON CONSORTIUM
– Appellant
Versus

KERALA STATE ELECTRICITY BOARD LIMITED – Respondent


Advocates:
JOSEPH KODIANTHARA (SR.), ISAAC THOMAS ALEXANDER, JOSEPH MARKOS, SHARAD JOSEPH KODIANTHARA, G.KEERTHIVAS (B/O), C.JOSEPH ANTONY, MAYANKUTTY MATHER K.I, T.K.SREEKALA, S.PARVATHI, KALLIYANI KRISHNA B., JOHN MANJOORAN RAJU JOSEPH (SR.)

JUDGMENT

SHAJI P. CHALY, J.

The appeal is filed by the writ petitioners in W.P.(C) No. 32855 of 2022 challenging the judgment of the learned single Judge dated 09.11.2022, whereby the writ petition was dismissed.

2. The first appellant consortium and the 3rd respondent consortium M/s. Anchor-SSIPL-MIPL were participants in a tender invited by the Kerala State Electricity Board Limited, respondent No.1, as per Exhibit P1 dated 03.05.2022 . The writ petition was filed by the appellants being aggrieved by the pre-qualification and the consequent declaration of the third respondent Consortium as L1 bidder as per Exhibits P4 and P5 Notes dated 07.10.2022 and 10.10.2022 respectively. According to the appellants, the third respondent Consortium is not qualified for want of the qualifications prescribed under clauses 3.1.6, 26.1, 27.1, 27.2, 29.1 and 29.2 of Ext.P1; and it was overlooking the rigour of the said qualifications, respondents 1 and 2 had declared that the third respondent consortium had the requisite financial qualification.

3. It is further contended in the writ petition that when clauses 3.1.6 and 27.1 of the instructions to the bidders contained at Exhibit P1 that the last thre

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