Karnataka High Court
Drake And Scull International Pjsc And vs Bangalore Water Supply And Sewerage ... on 18 March, 2015
Author: Ashok B.Hinchigeri
Bench: Ashok B. Hinchigeri
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF MARCH 2015
BEFORE
THE HON'BLE MR. JUSTICE ASHOK B. HINCHIGERI
W.P.NO.6567 OF 2015 [GM-TEN]
BETWEEN
DRAKE & SCULL INTERNATIONAL PJSC AND
ACCIONA AGUA S.A. (JOINT VENTURE)
632-634, 6TH FLOOR, BPTP PARK CENTRA
TOWER B BUILDING, SECTOR 30
GURGAON 122003
REPRESENTED BY ITS GPA HOLDER
MR.DILESH GATHANI. ... PETITIONER
(BY: SRI UDAYA HOLLA, SR. ADVOCATE
FOR SRI VIVEK HOLLA, ADVOCATE)
AND:
1. BANGALORE WATER SUPPLY AND SEWERAGE BOARD
5TH FLOOR, CAUVERY BHAVAN
K.G.ROAD, BANGALORE 560 009
REPRESENTED BY ITS SECRETARY.
2. THE CHIEF ENGINEER (K)
BANGALORE WATER SUPPLY AND SEWERAGE BOARD
5TH FLOOR, CAUVERY BHAVAN
K.G.ROAD, BANGALORE 560 009
3. M/S.DEGREMONT AND DEGREMONT LIMITED
(JOINT VENTURE)
UNITECH BUSINESS PARK, TOWER A - 2ND FLOOR
SOUTH CITY 1 122001, GURGAON.
4. STATE OF KARNATAKA
REPRESENTED BY PRINCIPAL SECRETARY
URBAN DEVELOPMENT DEPARTMENT
VIDHANA SOUDHA
BANGALORE 560 001. ... RESPONDENTS
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(BY:SRI S.S.RAMADAS, SR. ADVOCATE FOR
SRI B.L.SANJEEV, ADVOCATE FOR R1 & R2;
SRI K.G.RAGHAVAN, SR. ADVOCATE FOR
SRI MANMOHAN P.N., ADVOCATE FOR R3
SMT.B.P.RADHA, HCGP FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT
THE PETITIONER IS THE LOWEST BIDDER (L1) IN THE TENDER
DATED 19.2.2014 FLOATED BY THE R1 VIDE ANNEXURE-A AND
ETC AND QUASH THE PROCEEDINGS OF THE BOARD OF
DIRECTORS OF THE R1 DATED 2.2.2015 (ANNEXURE-O) AWARDING
THE TENDER IN FAVOUR OF R3 AND ETC.
THIS W.P. COMING ON FOR HEARING THIS DAY, THE COURT
MADE THE FOLLOWING:
ORDER
Smt.B.P.Radha, the learned Government Pleader appearing for the respondent No.4 submits on instructions that Sri P.Ravi Kumar, Additional Chief Secretary, Department of Energy is being appointed as the Appellate Authority, before whom the impugned proceedings can be challenged.
2. Sri Udaya Holla, the learned Senior Counsel appearing for Sri Vivek Holla for the petitioner submits that the appeal, I.A, etc. would be presented to the Appellate Authority at 11.00 a.m. on 20.3.2015.
3. Sriyuths S.S.Ramadas, the learned Senior Counsel appearing for B.L.Sanjeev for the respondent Nos.1 and 2 and K.G.Raghavan, the learned Senior Counsel appearing for 3 P.N.Manmohan for the respondent No.3 submit that the said respondents and/or their respective learned advocates would also be present at the said time and said date before the Appellate Authority without waiting for any notice from it.
4. The submissions of the learned counsel are placed on record.
5. If the appeal papers, etc. are presented at 11.00 a.m. on 20.3.2015, the Appellate Authority shall dispose of the I.A. for stay in accordance with law and as expeditiously as possible and in any case within four days.
6. Further, the Appellate Authority shall make every possible effort to dispose of the main matter (appeal) itself as expeditiously as possible and in any case within an outer limit of three weeks from the date of its filing.
7. Now that the main matter itself is being disposed of, I.A.No.2/15 for amendment is rejected as having become unnecessary.
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8. Needless to observe that the petitioner is at liberty to make an application for the condonation of delay invoking Section 5 of the Limitation Act, 1963 ('the said Act' for short) and also seek the exclusion of time spent bona fide in this Court on these proceedings invoking Section 14 of the said Act.
9. This writ petition is accordingly disposed of without expressing any opinion on the merits of the case. All the contentions are left open to be urged before the Appellate Authority.
Sd/-
JUDGE VGR