PHILIPS INDIA LIMITED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This intra-court appeal takes an exception to order dtd. 28/6/2022 passed by the learned Single Judge, by which writ petition preferred by the appellant has been disposed of with the direction to the appellate authority to decide the appeal preferred by the appellant within a period of four weeks from 30/6/2022. The learned Single Judge has further directed that interim order dtd. 5/4/2022 passed in W.A.No.400/2022 shall continue till disposal of the appeal by the appellate authority. In order to appreciate the grievance of the appellant, few facts need mention, which are stated infra.

(2.) The appellant is a Health Technology Company, whereas, respondent No.4 is a Limited Liability Partnership registered under Limited Liability Partnership Act , 2008. Respondent No.5 is a company incorporated under the Laws of the People's Republic of China and Respondent No.6 is a company incorporated in India. The Director of Medical Education (hereinafter referred to as 'DME' for short) floated following two tenders namely:

(3.) The appellant sent a communication dtd. 11/2/2022 to the DME and pointed out some discrepancies in the bids of submitted by Respondent No.4 and 5. However, the aforesaid communication failed to evoke any response. The appellant thereupon, filed an appeal on 9/3/2022 before the appellate authority under Sec. 16 of Karnataka Transparency in Public Procurement Act, 1999 (hereinafter referred to as 'the Act' for short). The appellant thereafter filed applications seeking stay of all further tender proceedings on 24/3/2022.