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2025 DAILYLAW 89851 (KAR)

ANKURA ENTERPRISES v. THE UNION OF INDIA

WP/31883/2024 · 2025-08-20

B M Shyam Prasad

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:32468 WP No. 31883 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 31883 OF 2024 (GM-TEN) BETWEEN: ANKURA ENTERPRISES REP BY SOLE PROPRIETOR SRI KESHAV MURTHY R 20, 1ST B MAIN KAVERI LAYOUT VIJAYANAGARA BENGALURU 560040. …PETITIONER (BY SRI. BALACHANDRA P BHAT.,ADVOCATE) AND: 1. THE UNION OF INDIA THROUGH MINISTRY OF MINES GOVERNMENT OF INDIA REP BY ITS SECRETARY 3RD FLOOR A WING SHASTRI BHAVAN NEW DELHI 110001. 2. THE GEOLOGICAL SURVEY OF INDIA THROUGH STATE UNIT KARNATAKA AND GOA REP BY ITS DEPUTY DIRECTOR GENERAL VASUDHA BHAVAN KUMARASWAMY LAYOUT BENGALURU 560078. Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32468 WP No. 31883 of 2024 3. THE STORES OFFICER THE GEOLOGICAL SURVEY OF INDIA STATE UNIT KARNATAKA AND GOA VASUDHA BHAVAN KUMARASWAMY LAYOUT BENGALURU 560078. 4. THE STORES MANAGER THE GEOLOGICAL SURVEY OF INDIA STATE UNIT KARNATAKA AND GOA VASUDHA BHAVAN KUMARASWAMY LAYOUT BENGALURU 560078. …RESPONDENTS (BY SMT.SWATHI PANDURANGA., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- QUASH THE ORDER OF REJECTION PASSED BY THE R4 VIDE EMAIL DATED 16/10/2024 AND CONSEQUENTLY MARKING THE ORDER STATUS AS CANCELLED, AS PER ANN-H AND K RESPECTIVELY; DIRECTING THE RESPONDENTS TO ACCEPT THE 4 RESTAURANT TABLES MANUFACTURED AS PER THE CONTRACT NO. GEMC-511687792294023 AND CONSEQUENTLY CLEAR THE INVOICE DATED 12/09/2024 AS PER ANN-E. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:32468 WP No. 31883 of 2024 ORAL ORDER The petitioner has supplied four restaurant tables to the second/third respondents after participating in the tender. The fourth respondent on 16.10.2024, has called upon the petitioner to lift back the tables informing the petitioner that the Inspection Committee has rejected the supply for reasons that "materials are of low quality, not well finished, found holes and denting at places and are of without 8 seater". The petitioner has responded to the afore by its email dated 17.10.2024 and ultimately, the petitioner, without any objection, has acknowledged by email on 26.10.2024 that the four tables are taken back from the Consignee office on 25.10.2024. Sri Balachandra P Bhat, the learned counsel for the petitioner, submits that the rejection is arbitrary because the supply was subject to warranty of one year and if there were any difficulties as stated - 4 - HC-KAR NC: 2025:KHC:32468 WP No. 31883 of 2024 and communicated, the petitioner could have replaced the furniture in terms of the warranty. However, with the petitioner taking back the furniture without any reservation or objection, this Court is of the view that there is no reason for exercising this Court's jurisdiction under Article 226 of the Constitution of India and the petition must be disposed of. Hence the following: ORDER The petition stands disposed of while observing that this disposal cannot prejudice the petitioner's remedy, if otherwise available in law. Sd/- (B M SHYAM PRASAD) JUDGE NV