The clean slate doctrine under the Insolvency and Bankruptcy Code absolves petitioners from past liabilities post-resolution approval, meaning that debarments prior to acquisition do not affect subsequent bidding processes.

JUDGMENT :

A.S. SUPEHIA, J.

1. In the present writ petition, the petitioner-Company has assailed the decision of the respondent-Airports Authority of India, rejecting the Technical Bid submitted on 04.03.2024.

2. The petitioner-Company was informed about the rejection of the Technical Bid vide email dated 04.07.2024.

BRIEF FACTS :

3. The petitioner-Company is incorporated under the provisions of the Companies Act, 1956 having its registered office at No.1/171 Old Mahabalipuram Road, Thiruporur, Chennai, Tamil Nadu. It is a multifaceted conglomerate with a diverse portfolio spanning Pharmaceuticals, MedTech, Green Mobility, Renewable Energy, Power Trading and Logistics.

4. The petitioner-Company had acquired the various companies through Insolvency and Bankruptcy Code, 2016 (IBC) and one of such companies acquired by them is Cura Healthcare Private Limited in January, 2022. The dispute in the present writ petition is directly connected to this Company - Cura Healthcare Private Limited. Pursuant to the Requests For Proposal (RFP), wherein E-bid (Tender ID No.) No.2024AAI-186592-1 was issued by the respondent authorities inviting bids to enter into concession agreement for designing, fitting out, financing, developing marketing, operating, maintaining, and managing the retail outlets at the Rajkot International Airport, Hirasar, Rajkot, the petitioner-Company submitted its Bid, which was rejected by the respondent authorities on 04.07.2024.

5. The said Technical Bid of the petitioner- Company was rejected for the sole reason that the information regarding debarment of Cura Healthcare Private Ltd. by the All India Institute of Medical Sciences (AIIMS) vide Memorandum dated 28.06.2021, which was acquired by the petitioner-Company in the year 2022, was not disclosed in the RFP.

SUBMISSIONS MADE ON BEHALF OF PETITIONER :

6. Learned Senior Advocate Mr.Sanjanwala, appearing for the petitioner-Company has submitted that the National Company Law Tribunal at Chennai (NCLT) in IBA/1325/2019 has appointed the Interim Resolution Professional in the proceedings initiated by one Ms.Gomati, an ex- employee of DE Healthcare Private Ltd. under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Cura Healthcare Private Ltd, which was subsequently confirmed as a Resolution Professional (RP). The Resolution Professional issued an Information Memorandum dated 24.08.2020 and published an invitation inviting expression of interest from the interested and eligible respective resolution applicants on 08.07.2020 and again on 30.07.2020. It is submitted that during the pendency of Corporate Insolvency Resolution Process (CIRP), the Resolution Professional filed an application under Section 19 of the Insolvency and Bankruptcy Code, 2016 (IBC) before the NCLT seeking the direction against the unsatisfied management of Cura Healthcare Private Ltd. to extend cooperation by providing the documents sought under Section 19 of the IBC. It is submitted that accordingly, the proceedings further went on and ultimately, the Resolution Plan submitted by the petitioner-Company was approved by the NCLT vide order dated 13.01.2022.

7. It is submitted that as per the condition of the RFP and as required under Form No.1 under Appendix I, the petitioner-Company declared that in the last 03 (three) years, the petitioner or any of the consortium members of their affiliates have neither failed to perform on any contract, as evidenced by the position of penalty by an arbitral award, or judicial authority, or a judicial precedent, nor has been expelled from any project or contract by any public authority, nor have had any contract terminated by any public authority for breach. It is submitted that the petitioner-Company participated in the tender process however, on an anonymous complaint dated 04.05.2024 received by the respondent authorities against the petitioner-Company, the Airports Authority of India, Pune vide email dated 06.05.2024 called upon the petitioner-Company to o