JUDGMENT :

MOKSHA KHAJURIA KAZMI, J.

Caveat No. 2230/2023

Heard learned counsel for the caveators. Caveat discharged. FAO No. 24/2023

1. By this Civil Miscellaneous Appeal, the appellants have invoked the jurisdiction under Order XLIII of the Civil Procedure Code, thereby challenging the order dated 08.09.2023, passed in File No. S/280/23 titled as M/s Saptagiri Restaurant Private Limited vs. Airport Authority of India and Another, by the Court of learned Additional District Judge, Fast Track, Budgam, whereunder two applications have been disposed of, one filed by the respondent/plaintiff for grant of interim relief and other filed by appellants/defendants seeking vacation of the interim order dated 22.08.2023 to the extent of holding respondent/plaintiff therein eligible for participation in the tendering process and also directing appellant No. 2 to open the bids, including that of respondent/plaintiff therein.

Factual matrix of the case:

2. Appellants herein issued notice, inviting e-tender (NIET) for Short-Term License to operate Food and Beverages outlets (SHA) F/F and Arrival at Srinagar, International Airport, Srinagar bearing tender reference No. AAI/SXR/Comml/F&B/400/2023 E-bid