DECCAN CHARTERS LTD. Vs. CEO, SMVDSB

JUDGEMENT

(1.) Three appeals have been preferred against order dated 31.03.2011 passed by learned District Judge, Reasi, one being CIMA No. 189/2011 filed by Deccan Charters Ltd. another being CIMA No. 194/2011 filed by Shri Mata Vaishno Devi Shrine Board and third being CIMA No. 190/2011 filed by M/s Global Vectra Helicorp Ltd. The facts in brief are as under:

(2.) Shri Mata Vaishno Devi Shrine Board (hereinafter referred to as 'Board'') invited tenders from reputed and registered Aviation Companies having a fleet of minimum two airworthy light helicopters endorsed on its non-scheduled operators permit for flight operations in the air space of J&K, from Katra to Sanjichhat and back utilizing the heliports at Katra and Sanjichhat purely on leave and licence basis, for a period of three consecutive years i.e. from 01.04.2011 to 31.03.2014. The helicopters will carry Shri Mata Vaishno Devi Yatris to and from Katra and Sanjichhat for darshan at the Holy Cave. Tenders were invited for turn-key operations in a two bid format-Technical and Financial each filled in separately and properly sealed. The technical bids were to be opened by the Tender Committee in presence of the bidders, who may choose to be present on 17.03.2011 at 3.30 p.m. The date of opening of Financial Bids would be intimated only to the eligible short listed tenderers after evaluation of Technical Bids. NIT also contains various other terms and conditions.

(3.) The condition No. 7 of the NIT is relevant in the present controversy, which is reproduced as under: