Karnataka High Court
WP/35087/2025 of PML PESTMAN PRIVATE LIMITED Vs THE MANAGING DIRECTOR on 28 September 2026
CNR: KAHC010750892025 NC: 2026:KHC:53673 WP No. 35087 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 35087 OF 2025 (GM-TEN) BETWEEN: 1. PML PESTMAN PRIVATE LIMITED A COMPANY
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO. 35087 OF 2025 (GM-TEN)
BETWEEN:
1.
PML PESTMAN PRIVATE LIMITED
A COMPANY REGISTERED UNDER
THE PROVISIONS OF COMPANIES ACT, 2013
NO.491, 16TH CROSS, JAKKUR LAYOUT,
GKVK POST, BENGALURU,
KARNATAKA-560064
REPRESENTED BY ITS MANAGING DIRECTOR
PRADEEP GOWDA,
S/O. GOVINDA GOWDA S.,
AGED 45 YEARS, R/AT NO.6,
SRINIVASA NILAYA, 3RD MAIN
2ND CROSS, AMRUTH NAGAR A SECTOR,
SAHAKARA NAGAR POST,
BENGALURU 560 092
…PETITIONER
(BY SRI. PRASANNA V R.,ADVOCATE)
AND:
1.
THE MANAGING DIRECTOR
SHIVAMOGGA, DAVANAGERE AND
CHITRADURGA DISTRICT
CO-OPERATIVE MILK PRODUCERS
SOCIETIES UNION LIMITED
MACHENAHALLI, NIDIGE POST,
SHIVAMOGGA-577222
REGISTERED UNDER KCS ACT , 1959
HC-KAR
2.
SHIVAMOGGA, DAVANAGERE AND
CHITRADURGA DISTRICT CO-OPERATIVE
MILK PRODUCERS SOCIETIES
UNION LIMITED
MACHENAHALLI, NIDIGE POST,
SHIVAMOGGA-577222
REPRESENTED BY ITS CHAIRMAN
REGISTERED UNDER KCS ACT , 1959
3.
KARNATAKA CO-OPERATIVE
MILK PRODUCERS FEDERATION LIMITED
REPRESENTED BY ITS MANAGING DIRECTOR
KMF COMPLEX, DR.M.H.MARIGOWDA ROAD,
BANGALORE-560029
REGISTERED UNDER KCS ACT , 1959
4.
PESCON PEST CONTROL SERVICES,
REP. BY ITS PROPRIETOR,
SANTHOSH BUDYAPPA MULIMANI,
RASHMI ARCADE, OPP. LAKSHMI THEATRE,
JAIL ROAD, SHIVAMOGGA-577 201.
…RESPONDENTS
(BY SRI. DAYANAND S PATIL.,ADVOCATE FOR R1 TO R3
SRI. SHIVANAND D S, ADVOCATE FOR R4)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1 AND 2
TO CONSIDER THE APPEAL FILED BY THE PETITIONER
CHALLENGING THE ACCEPTANCE OF TENDER OF THE R4 BY
REJECTING THE TENDER OFFERED BY THE PETITIONER TRUE
COPY OF THE ACKNOWLEDGEMENT FOR HAVING FILED THE
APPEAL DOWNLOADED FROM THE OFFICIAL WEBSITE OF
KARNATAKA E-PROCUREMENT PORTAL IS PRODUCED AT
ANNX-A AND A1 RESPECTIVELY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
HC-KAR
CORAM: HON'BLE MR. JUSTICE C.M. POONACHA
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORAL ORDER
The present writ petition is filed seeking for the following reliefs: " (i) Issue a Writ of mandamus, directing the Respondent No.1 and 2 to consider the Appeal filed by the Petitioner challenging the acceptance of Tender of the Respondent No.4 by rejecting the Tender offered by the Petitioner, true copy of the acknowledgement for having filed the appeal, downloaded from the official website of Karnataka e-procurement portal is produced at Annexure-A and A-1 respectively.
(ii) Issue any other writ or direction to meet the ends of justice"
2. The factual matrix in a nutshell is that the petitioner preferred an appeal under Section 16 of the Karnataka Conspiracy In Public Procurements Act, 1999, assailing the award of the tender pursuant to the tender Notification dated 14.07.2025. The said appeal is stated to have been filed on 05.10.2025. The acknowledgment for filing the appeal is produced as Annexure A to the writ petition. A copy of the memorandum of appeal is also produced as Annexure A1 to the writ petition.
HC-KAR
3. Learned counsel for the respondents in furtherance of the contentions put forth in the statement of objection submits that the appeal is to be filed before respondent No.3. However, in the appeal (Annexure A1 to the writ petition), it is mentioned as respondent No.2.
4. It is pertinent to note that the appeal is to be preferred online on the website - ctbs:kppp.karnataka.gov.in/bid/appeal. The petitioner having filed the appeal at the mandated portal as stipulated by the State Government, the said appeal is required to be adjudicated in accordance with law. No doubt, there is some error in the petitioner adequately describing the party.
5. However, having regard to the fact that the appeal is filed by the petitioner in furtherance of a statutory stipulation, the respondent No.3 is directed to consider the appeal filed by the petitioner as is forthcoming from the acknowledgment - Annexure A to
HC-KAR
the writ petition, within a period of 4 weeks from the date of receipt of a copy of this order. The Respondent No.3 shall notify the date of hearing of appeal to the petitioner before conducting further proceedings in accordance with law.
6. The writ petition is disposed of in the aforementioned terms.
7. Pending IAs., if any, also stand disposed of.
(C.M. POONACHA) JUDGE
Vmb List No.: 1 Sl No.: 56