FAHIM TRADING COMPANY Vs. LT GOVERNOR & ORS

JUDGEMENT

(1.) Subject controversy relates to a tender process in respect of catering contract on board. One Mohd. Saleh was a listed contractor under the Administration to cater various interisland as well as mainland boats/ships. We find from the notice dated November 30, 2004 appearing at page 26 of the petition that he was successful in the technical bid in respect of MV Akbar. From the annexures to the pleading I find that Saleh was a known figure in the field of catering boats and ships on behalf of the Administration. On August 03, 2010 Saleh wrote a letter to the Administration that due to his domestic/personal reasons as well as old age he was unable to take care of his proprietary business as he could not personally visit/sail/monitor the day to day affairs of the ship. He wanted to convert the proprietary business into a partnership business by involving new partners in the partnership firm. He prayed for permission of the authority. Accordingly, the authority vide letter dated August 26, 2010 appearing at page 42 gave their consent subject to the condition that all subsisting contractual obligations with the proprietorship firm must be fulfilled by the new partnership firm. Accordingly, Saleh entered into partnership along with new partners and transferred his proprietary business to M/s. Fahim Trading Company, a partnership firm. The copy of the partnership deed was submitted to the Administration.

(2.) On February 9, 2010, Saleh as a proprietor became successful in getting the catering contract of M.V. Chowra and thus entered into an agreement with the Administration for catering contract. When his proprietary business was transferred to the partnership firm as aforesaid with the consent of the Administration the Administration executed an Addendum along with the new partnership firm inter alia permitting the new company to continue with the existing contract appearing at pages 62-64 of the petition.

(3.) We thus find that Saleh's proprietary business was transferred to Fahim Trading Company with the knowledge and consent of the Administration.