STUP CONSTRUCTIONS PVT. LTD Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appellant herein, in response to the request for proposal from interested parties who wanted to bid to be appointed as Project Consultant for the Kannur International Airport Project (for short 'KIAP'), submitted a proposal dated 11.7.2012 along with the undertaking that the appellant is not disqualified to bid for the KIAP. Subsequently, 2nd respondent received an information that the appellant was removed from the panel of Consultants of Punjab Infrastructure Development Board. An issue arose whether the said removal resulted in blacklisting the appellant or not. However, the 2nd respondent proceeded to terminate the agreement entered into between the parties in respect of consultancy work of the appellant so far as KIAP. Aggrieved by the same, a writ petition came to be filed by the appellant as W.P.(C) No.21036 of 2012. Meanwhile, a third party also filed a writ petition, W.P.(C) No.19826 of 2012 questioning the awarding of tender in favour of the appellant. Both the writ petitions were taken up together and a common judgment came to be passed on 1.11.2012 dismissing W.P.(C) No.21036 of 2012 filed by the present appellant and disposing of W.P.(C) No.19826 of 2012. However, the termination of the contract by the 2nd respondent was upheld. Therefore, the appellant, aggrieved by the judgment of the learned Single Judge, filed these two appeals.

(2.) DURING the course of arguments, the parties were wise enough to arrive at a settlement between them in order to save time and unnecessary expenditure in fighting the litigation. Through their cordial talks across the table, they were able to strike a settlement and the terms are incorporated in a joint statement filed by the appellant and the 2nd respondent. The parties had entered into the following terms and conditions upon which W.A.No.2038 of 2012 could be disposed of. Those terms and conditions are as under:

(3.) SO far as W.A.No.30 of 2013, the appellant's counsel submits, appellant will not have any claim whatsoever against the petitioner in W.P.(C) No.19826 of 2012 with respect to the subject matter in issue. In the light of disposal of W.A.No.2038 of 2012, nothing survives for consideration in W.A.No.30 of 2013. Accordingly, W.A.No.30 of 2013 is closed.