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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ZIYAD RAHMAN A.A., J
MARYMATHA INFRASTRUCTURE PRIVATE LIMITED – Appellant
Versus
SOUTHERN RAILWAY – Respondent
| Table of Content |
|---|
| 1. writ petition submitted challenging tender disqualification. (Para 1 , 2 , 3) |
| 2. counter arguments against the disqualification based on technicalities. (Para 4 , 6 , 10 , 11) |
| 3. court's reasoning upholding petitioner's bid eligibility. (Para 5 , 8 , 9 , 14) |
| 4. importance of non-technical grounds in public tender assessments. (Para 7 , 13) |
| 5. directing reevaluation of petitioner's financial bid. (Para 12) |
JUDGMENT
This writ petition is submitted by a private limited company engaged in infrastructure development and construction. The petitioner formed a joint venture with M/s Kerala Rail Development Corporation Limited (K-Rail) for the purpose of participating in the tender proceedings notified by the Southern Railway, the 1st respondent, as evidenced by Ext.P1. The said notification was in respect of a work 'Re-development of Chengannur Railway Station, Kerala, India on engineering procurement and Construction (EPC) Mode'. The Probable Amount of Contract (PAC) as stated in the tender document was for Rs.89,50,33,386/- and the project was to be completed within a period of 28 months.
2. As mentioned above, the petitioner formed joint venture with K-Rail, which is a compa
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