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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
2. As mentioned above, the petitioner formed joint venture with K-Rail, which is a company formed jointly by the Government of Kerala and the Ministry of Railways as per joint venture agreement dated 1.9.2016. The petitioner furnished all the necessary documents as contemplated under the tender documents before the 2nd respondent. However, the respondents as per Ext.P12 communication by way of an e-mail, intimated the petitioner that “Your Techno-Commercial Bid against Tender No.12-CE-CN-ERS- 2025- EPC, which was due on 03-OCT-2025 15.00.00 Hrs has been found technically unsuitable due to following reasons:
3. Exhibit P13 is the screenshot of the relevant pages from the portal of the respondents where it is mentioned that, the submission of bid of the petition
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