Early Times Report
Jammu, June 30: The high court today directed that while allotting contract to eligible contractor for providing helicopter service for Machail yatra, official respondents ought to strictly follow DGCA rules and adhere to the terms and conditions mentioned in the impugned tender notice.
The court directive came in a petition filed by U-TAIR India Pvt Ltd, seeking quashment of the May 20, 2016 tender notice No MY/HY/A-02 for providing helicopter service for Hud/Machail Mata Yatra with effect from July 6, 2016 to July 15, 2016and August 1, 2016 to August 31, 2016 with a direction to the official respondents to allot the contract in favour of petitioner being the lowest bidder in pursuance to earlier tender notice No MY/HY/K-01 of March 31, 2016.
The facts, as projected in the writ petition, are that although petitioner is an Indian Company but is a 100 pc subsidiary of U-Tair Aviation JSC, Russia, which is the biggest Helicopter Company and a major world Helicopter Operator. It was contended that it was also awarded the contract of providing helicopter service during Machail Yatra in 2013, 2014 and 2015 and the same was successfully executed by it.
The high court, after hearing the counsels for the petitioner and the private respondent, observed that a plain reading of above communication would reveal that the representative of petitioner was also present in the meeting when it was decided to cancel NIT dated March 31, 2016 and reissue the tender and he had also consented for it. Therefore, looking from any angle, there was no reason to come to the conclusion that the petitioner had been treated unfairly or that the official respondents had adopted a total arbitrary, malicious or malafide approach in rejecting his claim and floating fresh tender notice on May 20, 2016.
The court said it did not find any merit in the writ petition and accordingly, it was dismissed along with the application for stay. The connected miscellaneous petitions accordingly stand disposed of. However, while allotting contract to the eligible contractor, the court directed official respondents to strictly follow DGCA rules and adhere to the terms and conditions mentioned in the impugned tender notice. |
