BENTEN INDUSTRIES, KAMARAJ AVENUE Vs. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM

JUDGEMENT

(1.) This writ petition is filed seeking the following reliefs:

(2.) Heard learned counsel for the petitioner and the learned Senior Counsel appearing for the 2nd respondent Society as well as the learned Government Pleader.

(3.) The petitioner challenges Exhibit P17 termination order and seeks directions to refund the security deposit of Rs. 15 lakhs as also payment of damages and loss caused to the petitioner. It is stated that the petitioner was the highest bidder in response to Exhibit P1 tender notice for removal of paper cutting waste for the years 2018-2019. The period of the contract was from 1.4.2018 to 31.2019. It is stated that Exhibit P2 work order was also issued to the petitioner. But, on the ground that the work had not been satisfactorily carried out by the petitioner, Exhibit P17 order of termination has been issued without hearing the petitioner. The petitioner contends that though a bank guarantee for Rs. 15 lakhs had been provided and a demand draft for Rs. 6 lakhs had been made available, the petitioner was not permitted to carry out the work in terms of the agreement entered into between the parties. It is stated that the entire effort of the respondents is to award the work to the second highest bidder, who had bid for Rs. 16.40 lakhs + GST per metric tonne. It is also contended that the second highest bidder is presently being permitted to carry out the work at the lower rate of Rs. 15.93 lakhs per metric tonne.