“We find that the impugned communication is arbitrary, unfair and unreasonable and, therefore, it deserves to be quashed and set aside,” the court docket mentioned
The Nagpur Bench of Bombay High Court right here on Wednesday quashed a March 2020 communication issued by a three way partnership agency cancelling an award granted to GMR Airports for upgradation and operation of the Nagpur’s Babasaheb Ambedkar International Airport, calling it “arbitrary and unfair”.
A Division Bench of Justices Sunil Shukre and Anil Kilor of the HC’s Nagpur Bench mentioned the communication, issued to GMR Airports Ltd by MIHAN India Ltd, a three way partnership between Maharashtra Airport Development Company and the Airports Authority of India, deserved to be quashed and put aside.
“We find that the impugned communication is arbitrary, unfair and unreasonable and, therefore, it deserves to be quashed and set aside,” the court docket mentioned.
The communication was not “sustainable in the eye of law”, the Bench famous.
The court docket has additionally ordered MIHAN to execute a concession settlement with the GMR group in six weeks.
The HC order got here on a petition filed by GMR Airports difficult the motion of MIHAN in annulling the bidding course of for upgradation, modernisation, operation and administration of the Nagpur worldwide airport regardless of the method having come to an finish and the petitioner (GMR) already having been awarded the challenge by means of a Letter of Award on March 7, 2019.
As per the plea, MIHAN was planning to situation recent tenders for the challenge.
MIHAN had, nevertheless, claimed the communication despatched to the petitioner on March 7, 2019, was solely a bid acceptance letter and never a letter of award.
The firm mentioned the communication clearly acknowledged that the acceptance of the bid was conditional and required approval from the Union Ministry of Civil Aviation.