IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE A.S. BOPANNA WRIT PETITION NO.53935/2017 (GM-TEN) BETWEEN:
M/S SAI SHAKTHI ELECTRIC PRIVATE LIMITED OFFICE SITUATED AT NO. 8/2, UTTARADHIMUTT ROAD, SHANKARAPURAM, BENGALURU-560 004. …PETITIONER (BY SRI. GURUNATH T.S., ADV.) AND:
1. THE DIRECTOR, NATIONAL INSTITUTE OF MENTAL HEALTH AND NEURO SCIENCES, (INSTITTE OF NATIONAL IMPORTANCE) P.B.NO. 2900, HOSUR ROAD, BENGALURU – 560 029.
2. M/S G.D. ANKLESARIA AND CO., NO.T 106 AZAD ROAD, JUHU KOLIWADA, MUMBAI-400 001.
REPRESENTED BY ITS PROPRIETOR SRI. TEHMTON S ANKLESARIA.
3. M/S SRINIVASA ELECTRICALS, NO.14, 3RD CROSS, 3RD MAIN ROAD, RAMAKRISHNA NAGAR, J.P. NAGAR 6TH PHASE, BENGALURU – 560 078.
REPRESENTED BY ITS PROPRIETOR SRI. S.C. SRINIVASA. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED DATED 09.11.2017 BY THE R-1 VIDE ANNX-K AND DIRECT THE R-1 TO INCOMPLETE TENDER SUBMITTED BY THE R-3 AS ILLEGAL AND CANCEL THE TENDER APPLICATION AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner is before this Court assailing the order dated 09.11.2017 at Annexure-K to the petition. Through the said communication, the petitioner has been informed that the petitioner’s bid has been rejected, while the bid submitted by the respondent No.3 has been accepted as being the lowest and work has been entrusted to respondent No.3.
2. If that be the position, the petitioner is required to avail the remedy of appeal as provided under Section 16 of the Karnataka Transparency in Public Procurement Act, 1999.
3. Reserving such liberty to the petitioner to avail the remedy of appeal in accordance with law, the petition stands disposed of. Registry to return the papers, if any sought for by the learned counsel for the petitioner.
Sd/- JUDGE ST