NI FOREX LTD Vs. AIR AUTHORITY OF INDIA

JUDGEMENT

(1.) THE petitioner seeks for issuance of a writ of certiorarified mandamus to quash the order, dated 18.06.2014, passed by the first respondent and to direct the second respondent to issue fresh tender for grant of licence as money changer in the money exchange counter at the departure area at Tiruchirappalli International Airport.

(2.) HEARD Mr. Irwin Aaron, learned counsel assisted by Mr. M. Thirunavukkarasu, learned counsel for the petitioner and Mr. C. Godwin, learned counsel for the respondents 1 and 2. Though the third respondent has been served and their name has been printed in the cause list, none appeared for the third respondent. With the consent of both the parties, this writ petition is taken up for final hearing at the admission stage itself.

(3.) THE learned counsel for the petitioner submitted that on 20.02.2014, the second respondent invited an E -Tender for granting license for money exchange counter at the departure area at Tiruchirappalli International Airport, Trichy. The terms and conditions of the E -Tender was stipulated in the said notice inviting tender, dated 20.02.2014. For the said tender there was no response. Therefore, a fresh E -Tender was invited on 04.04.2014 on the same terms and conditions. Since there was no response, the last date for submitting tender application was extended till 13.05.2014, from the original date, which was fixed as 29.04.2014 and in response thereto, two persons purchased the tender document namely the petitioner and the third respondent by downloading the application form from the website, after payment of Rs. 5,000/ -. The third respondent applied for the tender within the extended period, but the petitioner failed to apply for the tender. By the said impugned communication, the bid submitted by the third respondent has been opened. The petitioner's case is that in case of single tender, it is the consistent policy of the second respondent not to accept the same and only issue retender. In this regard, proceedings of the Airport Authority of India in respect of the Lucknow Money Exchange Counter and Amritsar Money Exchange Counter were relied on to state that all cases of single tender have been cancelled and fresh tenders have been invited. On coming to know of the same, the petitioner made a request for retender, but the same was not accepted.