Karnataka High Court
Gea Process Engineering India Pvt Ltd. vs Bengaluru Urban, Bengaluru Rural & on 29 August, 2017
Bench: Chief Justice, P.S.Dinesh Kumar
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF AUGUST, 2017
PRESENT
THE HON'BLE MR. SUBHRO KAMAL MUKHERJEE
CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR
WRIT APPEAL NO.5154 OF 2017 (GM-TEN)
Between:
GEA Process Engineering India Pvt. Ltd.
A company incorporated under
The Companies Act, 1956
Having its registered office at
Savli Road, Vadodara - 397 740
Gujarat
Represented by its
authorized signatory
Kumar Ashish
Aged about 37 years ... Appellant
(By Sri.Pramod Nair, Advocate)
And:
1. Bengaluru Urban, Bengaluru Rural &
Ramanagara District Co-operative
Milk Producers' Societies Union Limited
Bengaluru Dairy
Dr.M.H.Marigowda Road
Bangalore - 560 029
Represented by its Managing Director
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2. State of Karnataka
Department of Co-operation
6th Floor, M.S.Building
Dr.Ambedkar Veedhi
Bangalore - 560 001
Represented by its Secretary ... Respondents
(Sri.B.L.Sanjeev, Advocate for respondent No.1
Sri.V.Sreenidhi, Additional Government Advocate for
respondent No.2)
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This Writ Appeal is filed under Section 4 of the High
Court Act, praying to set aside the order dated 11.8.2017
passed in Writ Petition No.26087/2017.
This appeal coming on for preliminary hearing this day,
the Chief Justice, delivered the following:
JUDGMENT
The writ petitioner is the appellant before us.
2. On the prayer of Mr.B.L.Sanjeev, learned advocate, liberty is granted to him to file vakalathnama on behalf of the respondent No.1.
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3. By the order impugned the Hon'ble Single Judge directed the respondent No.1, that is, Bengaluru Urban, Bengaluru Rural and Ramanagara District Co-operative Milk Producers' Societies Union Limited, to hold negotiations with the bidders on August 28, 2017, and after holding such negotiations, to finalise the award of contract in favour of the bidder, who would give a better offer to the respondents.
4. Mr.B.L.Sanjeev, learned advocate, appears for the respondent No.1 and files a memorandum in the Court. Let it be kept with the record.
Mr.Sanjeev submits that negotiations were held on August 28, 2017, and the present writ petitioner - appellant became the lowest bidder. Mr.Sanjeev submits, on instructions, that the writ petitioner - appellant is the lower bidder and the contract will be given to them.
5. We feel that there is nothing further to be decided in the writ appeal. The writ appeal is, therefore, dismissed as infructuous.
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6. In view of dismissal of the writ appeal, the pending interlocutory application does not survive for consideration and is, also, dismissed.
7. We make no order as to costs.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE AHB