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2023 Supreme(Online)(Ker) 53571

KERALA HIGH COURT
T. R. Ravi, J.
Omassery Labour Contract Co-operative Society v. Mukkam Municipality Mukkam


Table of Content
1. tender process initiation dispute. (Para 1)
2. arguments against tender cancellation. (Para 2 , 3)
3. judicial review limitations on tenders. (Para 4 , 5 , 6 , 7 , 8)

1. The petitioners who are contractors participated in a tender floated by the 3rd respondent for various works. There is a serious dispute as to whether the invitation was for 29 works or for 22 works. According to the petitioners, as per Ext.P1 list published by the 3rd respondent invitations were called for 29 works. The last date fixed for the submission of bids was 10.11.2021. The petitioners have produced the receipts issued to them for the purchase of tender documents. The 1st petitioner remitted the fee for participation in 20 bids, the 2nd petitioner in 5 bids, the 3rd petitioner in 10 bids, and the last petitioner in 8 bids. According to the petitioners, at the meeting of the second respondent held on 24.11.2021, it was noticed that the bids submitted by the petitioners were free of defects and were decided to be accepted after conducting appropriate negotiations. The 3rd respondent was authorised to negotiate with the contractors. Ext.P6 is the minutes of the meeting that is stated to have b











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