POLO AMUSEMENT PARK Vs. INDIA TRADE PROMOTION ORGANISATION

JUDGEMENT

(1.) The petitioner company, which runs an amusement park by the name and caption of Fun 'N' Food Village, Kapeshera, has filed this writ petition, aggrieved by thelender conditions framed by respondents 1 and 2 in respect of development and setting up of the amusement park at the Pragati Maidan, New Delhi. At present, anamusement park by the name of "Appu Ghar" is being run at Pragati Maidan.

(2.) Petitioner's case in brief is that it is a company, which has been successfullyrunning the amusement park under the name of "Fun 'N' Food" at village Kapeshera.It has the expertise and the resources for successfully, setting up and running theproposed amusement park at Pragati Maidan. However, the respondents have devisedand designed the terms and conditions of the tender, so as to exclude fair competition.The terms and conditions .of the tender enquiry are such so as to render ineligible acompany like the petitioner, who are otherwise fully capable of developing and running the amusement park of high standards.

(3.) Learned counsel for the petitioner submits that in fact the terms and conditions especially, the eligibility criteria given at Clause 2.51, appearing at page 145 ofthe paper book is so designed, so as to exclude and scuttle competition. In fact thepetitioner goes to the extent of urging that this has been made to accommodate apromoter of amusement park by the name of "Black Thunder", who alone wouldremain eligible for the present tender. It is alleged that the terms are tailor made forthe said party. This, it is claimed, has been done malafide, with a view to favour thepromoters of Black Thunder.