PHILIPS INDIA LIMITED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner an unsuccessful tenderer in pursuance of Annexure-A tender notification bearing No.ME/Tender/ 75/2021-22 dtd. 10/2/2022 and Annexure-D tender notification bearing No. ME/Tender/46/2021-22 dtd. 20/12/2021 is before this Court, aggrieved by the award of tender in favour of respondent Nos. 4 and 5.

(2.) Heard learned Senior Counsel Sri.Sajan Poovaiah for Sri.Dharmendra Chatur, learned counsel for the petitioner; learned Additional Advocate General Sri.Dhyan Chinnappa for respondent Nos.1 and 2; Sri.Shanthi Bhushan, learned ASG for respondent No.3/Union of India and Sri.R.V.S.Naik, learned Senior counsel for Sri.Nitin Prasad for respondent No.4 and 5.

(3.) This Court, by order dtd. 19/4/2022 while issuing emergent notice to respondent Nos.5 and 6 refused to grant interim order as prayed by the petitioner, and recorded the submission of learned AAG Sri.Dhyan Chinnappa for respondent Nos.1 and 2, that pursuant to award of tender to respondent No.4, respondent No.4 has already executed the work and C.T. Scanners have been installed. Aggrieved by the said order, the petitioner filed W.A.No.400/2022. The Division Bench of this Court by interim order dtd. 5/4/2022 stayed all further proceedings pursuant to the impugned award of tender till the next date of hearing. The Division Bench by order dtd. 16/6/2022, disposed of the writ appeal observing that interim order granted in the writ appeal dtd. 5/4/2022 shall remain operative till the disposal of the interim relief application by the writ Court or till disposal of the writ petition itself.