KIRAN GLOBAL CHEMS LIMITED Vs. STATE OF KERALA

JUDGEMENT

(1.) Non-disbursement of the amounts due to the petitioner in respect of the materials supplied earlier, withholding the same referring to the alleged loss caused to the third respondent Company (because of the procurement of the materials from elsewhere at the risk and cost of the petitioner) and the exclusion of the petitioner from participating in the subsequent Tender referring to the pendency of an 'unresolved dispute', is under challenge in this writ petition. The petitioner also seeks to set aside the 'Bid' in respect of the 'Single Tender' finalised in favour of the 4th respondent; in turn seeking to direct the third respondent to go in for a 'Fresh Tender, for procurement of Sodium Silicate, thereby enabling the petitioner to participate in the Tender proceedings.

(2.) The petitioner Company contends that, it is engaged in manufacturing and supplying the raw material of 'Sodium Silicate' (Neutral Grade) to the third respondent for more than one decade. The said raw material is being used by the third respondent in connection with the production of 'Titanium Dioxide'. The third respondent has got two units, namely, the Mineral Separation unit and the Titanium Dioxide Pigment unit.

(3.) In connection with the activities as above, the third respondent had issued a Tender for the supply of 3500 MT of Sodium Silicate for the year 2010-11 and the petitioner was awarded Ext. P1 Purchase Order in this regard, it being the lowest one. The supply was being effected accordingly. It is pointed out that, there was some confusion with regard to the actual quantity of materials supplied and the requisite extent to be supplied under the contract and as such, time was being extended to clear the balance quantity, from time to time.