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TMI Blog2023 (8) TMI 396X X X X Extracts X X X X X X X X Extracts X X X X ..... ner. W.P.(C) No.12471/2021 is in respect of the work of upgradation of Painavu - Thannikandom - Ashoka Kavala road (Km 0+000 to Km 21+000) and W.P.(C) No.12454/2021 is in respect of BC Overlay of Adoor to Chengannoor (Part of SH-1) Km + 93 + 400 (Adoor) to Km 117 + 200 (Chengannoor). The orders under challenge in W.P.(C) No.12471/2021 are Exts.P8, P11 and P13 and the order under challenge in W.P.(C) No.12454/2021 is Ext.P9. 2. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents. 3. It is submitted by the learned counsel for the petitioner that the petitioner is a limited company engaged in the business of construction and that the Kerala State Transport Project (for short, 'the K ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e format, the bidder was enabled only to enter the rates in column 5 and all other cells were disabled. The online column provided that the rate to be entered is the basic rate and the format for entering the rate is provided along with Ext.P1 bid documents at internal page Nos.110 and 111 in W.P.(C) No.12471/2021 and 112 and 113 in W.P.(C) No.12454/2021. It is stated that in Clause (b) of the letter format, it is clearly stated that the total price of the bid including any discounts offered is to be entered excluding the GST. There was no column provided to furnish the GST amount along with the bid. 5. The petitioner submitted his bid in the online format with regard to the upgradation of Painavu - Thannikandom - Ashoka Kavala road as per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed. It is further contended that subsequent to the issue raised by the petitioner, the KSTP has made changes in the tender notification by stating that the rates quoted must be inclusive of GST. 8. The learned counsel for the petitioner places reliance of a decision of this Court reported in Sebastian Jose v. State of Kerala [2021 (5) KLT 445], where it was held that after incorporating specific terms in the notice inviting tender that the bidders must quote rates excluding GST, the employer cannot contend that the bidder ought to have quoted the rates including GST. Referring to an earlier decision of a Division Bench of this Court in George C.A. v. State of Kerala and Others [2021 KHC 2682], the learned Single Judge held that in the docu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an Letter of Bid- Financial Part, it is clearly mentioned that the bid price/contract price is inclusive of all taxes including GST and the petitioner ought to have brought this matter to the notice of the respondents during tendering stage and before executing the agreement. It is, therefore, contended that since the agreement was executed on 24.1.2020 upon submission of performance security by the petitioner on 10% of the contract price, the petitioner was very well aware that the contract price was inclusive of all taxes including GST and that all that is excluded from the contract price is the cost of maintenance as stated in Clause 19.1.1. It is contended that the petitioner having entered into a contract knowing fully well his liabili ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... actor has to remit the same. It was held as follows :- "14. The learned Single Judge has judiciously used his discretion and allowed the writ petition declaring that the terms and conditions in Ext.P1 shall govern the contract and that respondents 2 and 3 have to pay the GST component against the bill raised by the petitioner. The decision cited by the counsel for the appellat only prohibits the writ court from interfering in any contractual matter and the interference in the auction procedure when the decision making process is arbitrary and for any extraneous consideration. In this case, the learned Single Judge has not gone into the complexities of the clauses in the notice inviting tender nor substituted any interpretation other than ..... X X X X Extracts X X X X X X X X Extracts X X X X
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