GMR AIRPORTS LTD. Vs. MIHAN INDIA LTD

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with the consent of learned Counsel for the respective parties.

(2.) Petitioner no.1, a public limited Company. It claims to be an Airport developer and operator across the globe. Petitioner no.2 is 3 wp1723.20.odt a wholly owned subsidiary company of petitioner no.1 and it is a Special Purpose Vehicle (for short "SPV ") incorporated by petitioner no.1 for the purpose of implementation of the project for up- gradation, modernization, operation and management of Dr.Babasaheb Ambedkar International Airport, Nagpur (for short "Nagpur Airport"), for which bids were invited from qualified bidders through a tender floated by respondent no.1.

(3.) Petitioner no.1 submitted its bid for the said project on 28.9.2018 and on completion of bid evaluation process by respondent no.1, petitioner no.1's bid was adjudged to be the highest in terms of the bidding documents. There were some negotiations between petitioner no.1 and respondent no.1 regarding possibility of petitioner no.1 increasing it's offer of revenue share, which petitioner no.1 did in-fact. Petitioner no.1 raised it's offer of revenue share from 5.76 % to 14.49 %. Petitioner no.1 in doing so stated that although any upward revision in the offer may adversely impact the financial position considered by petitioner no.1, it agreed to increase it's offer, in view of request made by the Project Monitoring and Implementation Committee (for short "PMIC"), importance of the project and larger interest of the people of Maharashtra and Nagpur.