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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ZIYAD RAHMAN A.A., J
M/S MULTI DIMENSIONAL BAR CODING SERVICE PVT LTD – Appellant
Versus
THE STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. petitioners challenge l1 tender participation without emd exemption. (Para 1 , 2) |
| 2. l1 defends exemption; tender authority defers to government decision. (Para 3 , 4) |
| 3. court directs 1st respondent to decide after hearing parties. (Para 5) |
JUDGMENT
Both these writ petitions are filed by the entities participated in a tender process notified as per Ext.P1 notification. The petitioner in W.P.(C). No.25744/2025 was not technically qualified and as far as the petitioner in W.P.(C). No.11552/2026 is concerned, it was the L2. In both these writ petitions, the challenge is raised against the competence of the 3rd respondent, who happened to be L1. The challenge is raised mainly on the ground that, the 3rd respondent was allowed to participate in the tender process without payment of EMD, on the reason of exemption provided in the tender notification. 2. According to the petitioners, the relevant clause which is 8.27 in the tender document, provides exemption only to MSMEs with Udyog Aadhar Registration or any other body specified by the Ministry of Micro Small and Medium Enterprises working within the State of Kerala. According to the petitioners, the 3rd respondent is a
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