J U D G M E N T

The second respondent on behalf of the first respondent issued Ext.P1 tender notice for the work of “Reconstruction of Mattancherry Wharf for 250m length” with a probable amount of contract estimated at Rs.5094 lakhs, fixing earnest money to be deposited at Rs.51 lakhs. Among other things, Ext.P1 tender document provided that if the tender is by joint venture/consortium, certain documents as prescribed in the tender notice have to accompany the tender. It also provided that if the tender is by joint venture company/consortium of companies, the experience will have to be determined in terms of Clause 4.5.1.(i)c of Ext.P1 and as regards financial turn over, in the case of joint venture company/consortium of companies, the criteria were fixed in Clause 4.5.1(ii) c.

2. The petitioner M/s. Geo Tech Construction Company Private Ltd. submitted tender along with Ext.P3 covering letter, as also Ext.P2, a joint venture agreement and Ext.P4 guarantee.

3. In the Special Meeting held on 31.10.06, the board of trustees of the 1st respondent, as per Resolution No. 66, decided to discharge the tenders following Ext.P1. Such decision was taken after the 2nd respondent Chief Engineer ex