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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ZIYAD RAHMAN A.A., J
CHICAGO CONSTRUCTIONS INTERNATIONAL PRIVATE LIMITED – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. rejection of tender due to failure to meet bid capacity. (Para 1 , 2) |
| 2. arguments presented on bid capacity requirements. (Para 4 , 5) |
| 3. court interpretation of eligibility within joint ventures. (Para 6 , 7) |
| 4. final conclusion on disqualification. (Para 8) |
J U D G M E N T
The petitioner is a company registered under the Companies Act and is aggrieved by the rejection of the tender submitted by the petitioner as per Ext.P4. In response to Ext.P1 notification submitted by the 1st respondent inviting tender for the construction of building for ‘Development of General Hospital, Thiruvananthapuram’, the petitioner submitted a tender. According to the petitioner, the petitioner has all the requisite qualifications as contemplated in the tender notification.
2. However, as per Ext.P4 communication issued by the 1st respondent, the petitioner was found to be not qualified, in view of the fact that, the bid submitted by the petitioner as a joint venture did not satisfy the conditions stipulated in the tender notification. According to the 1st respondent, the petitioner, being the lead member of the joint venture, failed to secure the minimum bid capacity as necessitated
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