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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI
Multi Star Metal Trading LLC – Appellant
Versus
Union of India through its Secretary, Ministry of Civil Aviation, New Delhi – Respondent
| Table of Content |
|---|
| 1. formation of a consortium for a bidding process. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments on the calculation and fairness of the concession fee. (Para 6 , 7 , 8 , 9 , 10) |
| 3. general defendant’s stance on petitioners' arguments. (Para 30 , 31 , 32 , 33 , 34) |
| 4. discussion on arbitration clauses and deposit requirements. (Para 36 , 37 , 38 , 39) |
| 5. petitioners' contentions on foreign currency usage. (Para 56 , 57) |
| 6. court's review of currency choice in bidding. (Para 58 , 59 , 60) |
| 7. justification for using us dollars in a global bid. (Para 62 , 63) |
| 8. limitation on aai's power to adjust payments. (Para 79 , 80 , 81 , 82 , 83) |
| 9. court's final determination and decision on the case. (Para 84 , 85) |
ORDER :
1. Questioning the validity and constitutionality of the Request for Proposal dated 01.01.2026 calling for E-Bid for establishment of Duty Free Shop within the precincts of the airport, floated by the 3rd respondent, the present writ petition has been filed by the petitioner.
2. The brief facts leading to the filing of the present writ petition are as under:-
The petitioners 1 and 2 formed a consortium by entering into a Joint Bidding Agreement dated 10.02.2026 for the purpose
Judicial review in tender matters is limited, emphasizing the principles of non-arbitrariness and fair play while maintaining the commercial discretion of tender authorities, especially in internatio....
The highest bidder in a tender process does not have a vested right to award, as cancellation must align with commercial prudence and is permissible under administrative discretion.
The differentiation in tender conditions for different zones was not discriminatory and did not violate Article 14 of the Constitution of India. The court emphasized the importance of strict complian....
Point of Law : Arbitration - Concession Agreement – Maintainability of writ - Power under Article 227 of Constitution in a rare and exceptional circumstance - When an alternative and efficacious reme....
Tender – Terms and conditions of Invitation to Tender are within domain of tenderer/tender making authority and are not open to judicial scrutiny, same being in realm of contract, unless they are arb....
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