SATISH KUMAR Vs. C B I

JUDGEMENT

(1.) THE question that arises for consideration is whether the cancellation of the tender process initiated by Respondent No. 1 was mala fide and at the behest of Respondent No. 2 (RITES Ltd. ). In our opinion, the circumstances justified the cancellation of the tender process and no mala fides can be attributed to the cancellation.

(2.) RESPONDENT No. 1 decided to construct, operate and maintain an interstate Bus Terminal (ISBT) at Dwarka. It was decided that the construction, operation and maintenance would be on a Build, Operate and transfer (BOT) basis. Respondent No. 1 engaged RITES Ltd. as a Project development Consultant.

(3.) ON or about 10th November, 2004 Respondent No. 1 issued a request for qualification as the first part of a bidding process. The second part consisted of an invitation of request for proposal from pre-qualified parties for submission of their technical and financial bids.