ALPHATECH INDIA DREDGING PRIVATE LTD Vs. THE MANAGING DIRECTOR, KERALA STATE MARITIME DEVELOPMENT CORPORATION LTD.

JUDGEMENT

(1.) The petitioner is a private limited company. The Kerala State Maritime Development Corporation Limited has invited bids for carrying out the dredging work at the Kodungallor Port. Ext.P1 is the tender notice published by the first respondent, the Managing Director of the said Corporation in this connection. According to the petitioner, they have the requisite qualifications for participating in Ext.P1 tender and consequently, they submitted their bids along with Earnest Money Deposit (EMD) as also the cost of tender document. As per the stipulations contained in Ext.P1, the EMD and the cost of tender document should have been paid online in the account of the Kerala State Information Technology Mission ('IT Mission'for short) before the time stipulated in the tender document. The specific case of the petitioner is that they have remitted the EMD and the cost of tender document online in the specified account on 08.06.2016 through their Bank viz., Canara Bank, Kolencherry Branch. It is alleged by the petitioner that after about five days, the amount sent from their account maintained at Canara Bank, Kolencherry Branch to the account of the IT Mission was returned without stating any reason. The case of the petitioner is that immediately thereupon, they have remitted the said amounts again in the account of the IT Mission. The said payment was effected on 14.06.2016. Ext.P3 is the letter sent by the petitioner to the first respondent intimating him about the return of the remittance made by the petitioner as also the re -remittance. Nevertheless, as per Ext.P6, the first respondent rejected the bid submitted by the petitioner on the ground that the petitioner has not remitted the EMD and the cost of tender document within the time stipulated in Ext.P1 tender notice. Ext.P6 is under challenge in this writ petition. The petitioner also seeks directions to the first respondent to consider the bid submitted by the petitioner pursuant to Ext.P1 tender notice.

(2.) A counter affidavit has been filed by the first respondent contending, among others, that the amount has not been remitted by the petitioner within the time stipulated in Ext.P1 tender notice and that therefore, the petitioner is not entitled to participate in the tender process.

(3.) A statement has been filed by the additional third respondent, M/s. Canara Bank, Kolencherry Branch wherein the said Bank has stated that the amounts directed to be paid by the petitioner has been transferred by the bank to the account of IT Mission at the State Bank of Travancore on 08.06.2016 itself and that the said payment was bounced after five days.