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KERALA HIGH COURT
SHAJI P. CHALY, J
K.V. Joseph & Sons Pvt. Ltd. (M/s.) Kochi and Another v. Principal Secretary to Government Tvm and Others
| Table of Content |
|---|
| 1. emd forfeiture for low bidding. (Para 1 , 2 , 4) |
| 2. petitioners' arguments on performance guarantee. (Para 6 , 7 , 13 , 16) |
| 3. court's reasoning on contractual compliance. (Para 8 , 9 , 20 , 22 , 23) |
| 4. final decision on petition validity. (Para 12 , 17) |
| 5. dismissal of writ with reservation for contesting forfeiture. (Para 24) |
1. This writ petition is filed by the petitioners seeking to quash Ext. P19 order passed by the 1st respondent dated 16/11/2016, whereby sanction is accorded for forfeiting EMD provided by the petitioners towards the construction of Community Skill Parks at Edamattom and Pampadi in Kottayam District, and at Kattappana in Idukki District, and for other related reliefs Material facts for the disposal of the writ petition are as follows:
2. First petitioner is a construction company and 2nd petitioner is its Director. Petitioners participated in the e - tender, inviting construction of Community Skill Parks at the places specified above. Petitioners deposited an amount of Rs.12,00,000/- towards EMD in the aggregate. Subsequent to the opening of the bid and on negotiations conducted by the 2nd respondent, petitioner was awarded with contract of the
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