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2019 Supreme(Online)(Ker) 95572

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SHAJI P.CHALY, J
FLEMINGO TRAVEL RETAIL LIMITED – Appellant
Versus
KANNUR INTERNATIONAL AIRPORT LIMITED – Respondent


Advocates:
For the Appellants/Petitioners: SRI. JOSEPH KODIANTHARA (SR.), SRI. HARIKUMAR G. NAIR, SHRI. AKHIL SURESH
For the Respondents: R1 - SRI. P. GOPINATH MENON (SR.), SRI. M.GOPIKRISHNAN NAMBIAR, SRI. K.JOHN MATHAI, SRI. JOSON MANAVALAN, SRI. KURYAN THOMAS, SRI. PAULOSE C. ABRAHAM, SMT. N. RAMOLA, R2 - SRI. BECHU KURIAN THOMAS (SR.), SRI. VIJAYENDRA PRATHAP SINGH, SRI. KAMAL SANKAR, SRI. ATUL.N, SRI. SAYOBANI BASU, SRI. ENOCH DAVID SIMON JOEL, R3 - SRI. S.RAMESH BABU (SR.), SRI. S.ANANTHAKRISHNAN, SRI. R.ARUN

JUDGMENT

This writ petition is filed by the petitioner, a company incorporated under the Companies Act, 1956, engaged in the business of operating duty free shops at various Airports, seeking to quash the letter of award issued by the 1st respondent, i.e., the Kannur International Airport Limited, to the 3rd respondent, i.e., GMR Airports, who is also a business operator of duty free shops at various Airports. The 2nd respondent is the consultant of the 1st respondent. Basic material facts for the disposal of the writ petition are as follows:

2. Respondent No.1, i.e., Kannur International Airport Limited (KIAL), a Public Sector Undertaking operating the Kannur International Airport commissioned on 09.12.2018, and built on Public Private Partnership model, has apparently appointed the 2nd respondent as the consultant for negotiations and allied activities for the improvement of the Kannur International Airport. Kannur International Airport Limited is functioning under the control of the Government of Kerala with the Chief Minister of the State of Kerala as its Chairman and Ministers on its Director Board, evident from Ext.P2. The case put forth by the petitioner is that, the 1st respo

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