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2025 Supreme(Online)(Ker) 29906

IN THE HIGH COURT OF KERALA AT ERNAKULAM
JUSTICE, J
Petitioner (Partnership Firm) – Appellant
Versus
3rd Respondent (Tender Authority) – Respondent


Advocates:
For the Appellants/Petitioners: Santhosh Mathew, Mathew Nevin Thomas
For the Respondents: Suvin R Menon

Table of Content
1. arguments regarding compliance requirements. (Para 2 , 3)
2. court's analysis on tender document requirements. (Para 4 , 5)
3. judicial reasoning against arbitrary interpretations. (Para 6)

J UDGMENT

Petitioner is a partnership firm engaged in the business of executing civil contract works. In response to Ext.P1 e-tender notice published by the 3rd respondent, inviting tenders for construction of railway tunnel between Nemam and Neyyattinkara Stations as part of doubling of railway track between Thiruvananthapuram and Kanyakumari, petitioner constituted a Joint Venture with a private limited company named Velji Ratna Sorathia Infra Pvt.Ltd. and submitted its bid. Petitioner, being the lead partner, the bid documents were signed by the Managing Partner, as authorised by the other member of the Joint Venture and partners of the petitioner firm. Later, petitioner received Ext.P10 e.mail, informing that its techno-commercial bid was found technically unsuitable since certificates in Forms XVA/XVIA were not submitted by all partners of the petitioner firm. Immediately, petitioner submitted Ext.P11 objection-cum-representation stating that Form XVA is not included in the b

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