NATIONAL INSTITUTE OF OCEAN TECHNOLOGY, VELACHERY Vs. ABS MARINE SERVICES PRIVATE LIMITED, VALLIAMMAL ROAD

JUDGEMENT

(1.) The Government of India has established a separate Ministry of Earth Sciences(MoES) to focus its attention and activities with the Earth System as an integrated whole. This involves forecasting the monsoon, water/climate parameters, ocean state, earthquakes, tsunamis and other phenomena related to earth systems. Accordingly, the Ministry of Earth Sciences created five autonomous societies. One among them is the petitioner before us i.e.,National Institute of Ocean Technology (NIOT). It is an autonomous research organisation in India. It functions as a technical arm for the development of ocean related technologies and to improve the understanding of the sea apart from developing a reliable indigenous technology qua engineering problems in dealing with living and non living resources in the Indian Exclusive Economic Zone (EEZ).

(2.) The petitioner owns a vessel by name TDV "SAGAR NIDHI". Tenders were called for, for running, manning and maintenance of the vessel. The respondent, being the L1 bidder, was declared accordingly as the successful one and in pursuant to which the contract was entered into. The contract was for a period of three years. The vessel was delivered on 10 th December, 2007. It was set sail to India on 16 th December, 2007.

(3.) Another tender was floated by the petitioner on 2 nd September, 2010. This time, the respondent was once again declared as the successful bidder. It was followed by a contract, entered into on 16.12.2010 for a period of three years. The contract expired on 15.12.2013. In the meanwhile, the petitioner, by letter dated 18.10.2013, informed the respondent that the management of the vessel was to be handed over in favour of M/s Shipping Corporation of India (SCI). Needless to state that this Corporation is a Central Government owned one. This was not agreeable to the respondent though it did not have any vested right. A writ petition was filed and an interim order was obtained preventing the handing over of the vessel in favour of SCI. Ultimately, the writ petition filed was dismissed.