IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.56070 OF 2018 (GM-TEN) Between:
Mahendra Labs Private Limited, A Company incorporated under the Provision of the Companies Act, 1956 and having its Registered Office at 371-372, IV Phase, Peenya Industrial Area, 10th Cross, Bengaluru-560 058, Represented by its Director Madanraj Nahar.
… Petitioner (By Sri. Prithvi, Advocate for Sri Sanjay H. Sethiya, Advocate) And:
Karnataka State Drugs Logistics & Warehousing Society No.1, Dr.Siddaiah Puranik Road, KHB Colony, Magadi Road, Bengaluru-560 079, Represented by its Authorized Representative.
…Respondent This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the requirement enlisted in Clause 10 of the tender whereby the successful bidder is required to provide a demand draft for a value equal to five percent of the contract value as security deposit.
This Writ Petition coming on for Orders this day, the Court made the following:-
ORDER Sri.Prithvi, learned counsel for Sri.Sanjay H. Sethiya, learned counsel for the petitioner.
Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to the respondent.
2. In this petition, the petitioner inter alia has sought for quashment of requirement enlisted in Clause 10 of the tender, which was invited for the year 2017-2018, whereby the successful bidder is required to provide a Demand Draft for a value equal to five percent of the contract value as security deposit.
3. The writ petition is pending before this Court since 2018, in which no interim order has been passed. By now, process of award of tender must have been concluded. Therefore, I deem it appropriate to dispose of this writ petition with liberty to the petitioner to take recourse to remedy which is provided to it under Section 16 of the Karnataka Transparency in Public Procurement Act, 1999. Ordered accordingly.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE dn/-