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2008 Supreme(Kar) 846

V.GOPALA GOWDA, L.NARAYANA SWAMY
Flemingo Dutyfree Shops Pvt. Ltd. – Appellant
Versus
Union of India Rep by its Secretary to Government – Respondent


Advocates appeared:
For the Petitioner:Vinod Bobade Senior Advocate, Arunabh Chowdhary, V. Srinivasa Raghavan, M/s. Indus Law, Advocates. For the Respondents:R1, N.R. Bhaskar C.G.S.C, R2, M/s. Dua Associates, R3 & R4, R.N. Narasimha Murthy Senior Advocate, T.S. Amarkumar, Advocate, M/s. Lawyers INC, M/s. J. Sagar Associates, R5, M/s. Poovayya & Co, R8, M/s. Kamath & Kamath, R9, V. Lakshminarayana, C.K. Dharaneeshwaran, M. Srinivasa, M/s. Law & Co., Advocates.

Judgment :-

V. Gopala Gowda, J.

This Writ Petition is filed by M/s. Flemingo Duty-free Shops Pvt., Ltd. a Company incorporated in the year 2004 seeking for issuance of declaratory relief to declare that clause 3.2 of the Invitation for Expression of Interest (hereinafter in short referred to as ‘E.O.I’) issued by the third respondent which is Bangalore International Airport Limited (hereinafter in short referred to as ‘BIAL’), in which it has sought to restrict issuance of tender documents and consideration of bids only from five persons is arbitrary and discriminatory, that the evaluation of the E.O.I by respondents 3 & 4 with respect to Retail and Duty-Free shop to be established in the International Departure and Arrival Duty-free at the New BIAL, Devanahally is arbitrary, discriminatory and further directions to declare the action of the respondents 3 & 4 in short-listing only respondents 5 to 9 for issuance of tender documents and excluding the petitioner from the said list and decision to issue the tender documents in pursuance of invitation dated 26/7/2006 with respect to Retail and Duty-free shops in the BIAL as stated supra is arbitrary, discriminatory and violative of Arti

































































































































































































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