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2013 Supreme(Del) 1445

BADAR DURREZ AHMED, VIBHU BAKHRU
Rohde & Schwarz Gmbh & Co. KG – Appellant
Versus
Airport Authority of India – Respondent


Advocate Appeared:
For the Petitioner:Sandeep Sethi, Sr. Advocate alongwith Sashivansh Bahadur, Dinesh Mathur, Robin, R. David, R.S. Mathur, Chitranshul Sinha, Advocates.
For the Respondents:K.K. Rai, Sr. Advocate alongwith Digvijay Rai, Advocates.

Judgment :

Vibhu Bakhru, J.

1. The present petition has been filed by the petitioner praying for quashing the communication dated 06.09.2013 issued by the respondent No.1 rejecting the Pre Qualification Qualifier bid of the petitioner.

2. The petitioner, Rohde & Schwarz GmbH & Co. KG is an independent company specializing in electronics having its headquarter in Muehldorfstrasse 15, 81671 Munich, Germany.

3. The controversy involved in the present petition is whether the petitioner is entitled to claim the experience of its subsidiary as its own for the purposes of meeting the specified eligibility criteria for participating in the tender for installation, testing and commissioning of Voice Communication System at Delhi and Kolkata Airports.

4. The Executive Director (CNS-Planning), Airport Authority of India (respondent no. 2 herein) issued a Notice inviting tenders on 11.03.2013 being Tender No. (CNS-P)-05/2012-13 (hereinafter referred to as ‘NIT’) on behalf of the Chairman, Airports Authority of India (AAI) for Supply, Installation, Testing and Commissioning of Voice Communication System at Delhi and Kolkata Airports at an estimated cost of Rs.22.21 Crores. The last date for s











































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