BIG MOVERS Vs. REENI GEORGE

JUDGEMENT

(1.) Ext.P6, the order in I.A.No.5/2021 in A.S.No.11/2021 on the file of the Additional District Judge-VII, Ernakulam is the order under challenge in this petition filed under Article 227 of the Constitution of India.

(2.) Heard both sides.

(3.) I.A.No.5/2021 is an application filed by the petitioner herein to get impleaded as additional 3rd respondent in the above appeal. Ext.P4 is the copy of the said application. In the affidavit in support of the application, it has been stated that the petitioner, M/s Big Movers had, in pursuance to the Notice inviting bids published by the Cochin Port Trust, submitted their tender for the open space now being illegally occupied by the appellants (Unit-14 having 14260 Sq. Mts), after paying the Earnest Money Deposit of Rs.8,16,454.00. The amount quoted by my Firm was Rs.65,10,000.00 as against the base price of Rs.21,50,650.00 and it was intimated the amount quoted by M/s Big Movers was the highest. It is understood that having satisfied all the requirements, the tender would be awarded to M/s.Big Movers, but in view of the pendency of this appeal as also the interim order passed therein, the award of the tender is being adjourned. The Cochin Port Trust, on finding that the amount quoted by my Firm would not be valid after 11/4/2021 in view of the specific terms in the Tender notification, had intimated my Firm to keep open the validity of the said Tender initially till 31/7/2021 and thereafter till 31/10/2021, by separate communications issued to us as bearing No.EM/T/2 32/License/2020 dtd. 12/4/2021 and EM/T/232/License/2020 dtd. 9/8/2021 respectively, on the specific reason that the same could not be awarded due to the pendency of this litigation. In consonance with the requests made by the Cochin Port Trust, M/s Big Movers has expressed its consent to keep the validity of the quotation made by them till 31/10/2021 and thus despite being the highest bidder, the tender has not been awarded to my Firm. It may also be noted that the Earnest Money deposited with Cochin Port Trust is being retained by them in view of the extension of the validity of the Tender and thus M/s.Big Movers are suffering huge financial losses on account of the pendency of this appeal. On the above specific assertion, impleadment was sought for.