TRANSASIA BIO-MEDICALS LTD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court seeking issue of mandamus to direct respondent No.2 to issue purchase order in respect of the remaining 3 equipments. In that regard a consideration of the representation is sought and it is prayed that the respondent No.2 be directed not to cancel the tender or retender for supply of the same equipments.

(2.) The respondent No.2 published an e-tender notification dated 01.03.2017 for supply of 9 equipments. The petitioner who is an authorized dealer had responded to the tender notification and had offered to supply 4 equipments which were part of the tender. Insofar as the petitioner being technically qualified and the nature of the evaluation made by the respondents, the same is not in issue. The equipment regarding which the petitioner is seeking for the relief in the instant petition is apart from 5 part hematology analyzer for which purchase order is already placed. The respondent No.2 though having found the petitioner technically qualified has formed an opinion that the purchase order cannot be placed on the petitioner since they were the single bidder for the financial evaluation relating to the said equipments and in that view it is decided to renotify for supply of the said equipment. It is in that circumstance the petitioner claiming to be aggrieved is before this Court in this petition.

(3.) Heard Sri Udaya Holla, learned senior counsel on behalf of Sri K.G.Sadashivaiah for the petitioner, Sri A.S.Ponnanna, Addl. Advocate General along with Sri A.M.Suresh Reddy, learned Government Advocate and Smt. M.C.Nagashree, learned counsel for the respective respondents and perused the petition papers.