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2011 Supreme(MP) 456

SHANTANU KEMKAR, A.M.NAIK
Balaji Services – Appellant
Versus
Airport Authority of India – Respondent


Advocates appeared:
A.K. Sethi with R. Vijayvargiya for petitioner;
A.S. Garg with N. Wishard for respondents No.1 and 2; Chetan Nigam for respondent No.3. .

ORDER

Naik, J. –

1. This writ petition under Article 226 of the Constitution of India has been submitted for quashment of tender allotted to respondent No.3 vide Annexure P-12 and for further direction to consider the tender of the petitioner. Quashment of the demand raised against the petitioner vide Annexue P-13 has also been prayed for.

2. Briefly stated the relevant facts are that the petitioner was holding the contract for car parking in Devi Ahilyabai Holkar Airport, Indore. On 22.5.2009, the petitioner surrendered the car parking contract with six months' notice under protest. At the relevant point of time, licence fee of the contract was Rs.8,47,000/- plus service tax per month. Copy of the surrender letter dated 22.5.2009 is on record as Annexure P-2. Notice period was coming to an end on 21.11.2009, therefore, the Airport Authority of India (respondent No.1) entered into negotiations with the petitioner and it was decided that Rs.8,41,000/- plus service tax will be paid by the petitioner and also that when the regular tender would be invited, whatever amount will be quoted, the petitioner will deposit the difference amount. In this background, the Airport Authority reduced






























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