The petitioner is a private limited company incorporated under the Companies Act, 1956 and is engaged in running a Small Scale Industrial (SSI) Unit. The petitioner started the SSI Unit for the business in manufacture and sale of disposable Syringes and Needles. The petitioner was awarded with contract supply of two items of Syringes and Needles to the second respondent-Kerala Medical Services Corporation Limited. On account of loan liability, the bank took over the assets. The petitioner obtained physical possession of the unit and started operation of the unit. However, by Ext.P8, the purchase order was cancelled. The petitioner, thereafter, filed Ext.P9 representation before the first respondent. Thereafter, Ext.P10 order was passed by W.P.(C) No.32284 of 2014 2 the first respondent and directed the second respondent to clear the pending bills and to release the pending orders immediately. However, without following the directions in Ext.P10, it is submitted that the second respondent invited fresh tenders as per Ext.P11. It is challenging the fresh tender in respect of the contract work awarded with the petitioner, this writ petition is filed.
2. It is submitted by the learned counsel for the petitioner that the petitioner is the only SSI Unit in the State engaged in the business of manufacture and sale of disposable Syringes and Needles and more than 100 persons are dependent on this unit. Ext.P11 stipulates that the tender should not be submitted by those firms where two or more purchase orders were cancelled in the tender for the year 2014-2015. On account of this stipulation, the petitioner is also dissabled from participating in the tender process. Considering W.P.(C) No.32284 of 2014 3 Ext.P10, the learned counsel for the petitioner submits that this stipulation is unsustainable.
I am of the view that the second respondent- Kerala Medical Services Corporation Limited is owned by the Government and the Health Secretary is the Chairman and also considering that the petitioner is the only SSI Unit in the State of Kerala, the issues can be thrashed out if a meeting is convened between the petitioner and the officials of the second respondent by the first respondent. Needful shall be done by the first respondent within ten days. Till then, all proceedings pursuant to Ext.P11 shall be kept in abeyance and the re-tender will depend upon any decision to be made in the meeting. All issues in this writ petition are left open.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln