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2008 Supreme(Bom) 737

N.D.DESHPANDE, D.K.DESHMUKH
Flemingo Duty-Free Shop Pvt Ltd. – Appellant
Versus
Union of India – Respondent


Advocates:
ADVOCATE APPERED
Mr. R. A. NARIMAN, Sr. Advocate with V. A. BOBADE. Sr. Advocate, @ V. R. DHOND, A. CHOUDHARY & SHAILESH MERDON i/b. M/ s. Crawford Baylay & Co., for Petitioners.
Mr. G. E. VAHANVATI, Solicitor General. for Respondent No.!.
Mr. G. E. V AHANV AT!, S. G. With F. DIVITRE i/b. Rekha Rajgopal, for Respondent No.2.
Mr. DUSHANT DAVE. Sr. Advocate with P. K. SAMDHANI, Sr. Advocate. FARID KARACHIWALA. S. JAGTAP i/b. Mis. Wadia Gandhy & Co .. for Respondent No.3.
Mr. JANAK DWARKADAS. Sr. Advocate with N. H. SEERV AI, Sr. Advocate, DIRENDRA NEGI. Z. DOCTOR. Ms. A. CHANDRACHUD i/b. J. Sagar & Associates, for Respondent Nos.S &6.
Ms. V AND ANA S. MISHRA i/b. Mis. Little & Co .. for Respondent No.4.

D. K. DESHMUKH, J.:- By this petition the Petitioner challenges the process adopted by the Respondent No.3 beginning with the Expression of Interest and followed by issuance of Request for Proposal and culminating in the award of contract initially to Respondent No.4 and then to the Respondent No.5.

2. The facts that are material and relevant for deciding this petition are that the Petitioner No.1 is a company incorporated under the Companies Act and having its registered office in New Mumbai. According to the Petitioner No.1, it is engaged in the business of operating and running duty Free Retail Outlets in International Airports in India. The Respondent No.1 is the union of India and the Respondent No.2 is Airports Authority of India constituted under Section 3 of the Airports Authority of India Act. 1994. According to the Petitioners, the Respondent No.2 is owned and controlled by the Respondent No.1. The International Airp0l1 at Mumbai i.e. Chhatrapati Shivaji International Airport was exclusively controlled and managed and operated by the Respondent No.2. The Respondent no.3 is a company registered under the Companies Act 1956 and is a Joint Venture Company. Respondent No.3 i













































































































































































































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