The Madras High Court today dismissed a petition challenging certain clauses in a tender floated by the Airports Authority of India for awarding exclusive advertisement rights at Chennai airport.
Justice K Ravichandrabaabu dismissed the petition by TDI International India (P) Ltd, which has offices in the city and in New Delhi.
The company had alleged that certain eligibility conditions were tailor made only to ensure that it was not able to participate in the tender.
Rejecting its contentions, the judge observed that it was for the owner to impose terms and conditions which suit them to select a qualified person for a work.
"It is unheard that a willing or proposed participant in a tender process would dictate terms on the owner as to how the terms and conditions of such tender should be. The attitude of the petitioner would only exhibit their unjust claim with unfair advantage," the judge held.
The AAI has invited bids for award of advertising rights concession to design develop, operate and market advertising opportunity in the entire airport estate at Chennai airport.
The petitioner challenged the clause which prohibited companies from participating in the bid "if its director/s were also represented in another company which had business links with the AAI and has undisputed outstanding dues".
Noting that the petitioner firm had participated in the tender in respect of seven other airports accepting the same terms and conditions, the judge said how it was justified in making such contention only in this present tender.
"The petitioner cannot pick and choose the challenge in respect of one of the airports alone where such conditions are not comfortable to them. Thus, the petitioner is bound to lose his fight even on the principles of estoppels, even assuming that the petitioner has some right to question the terms and conditions," the judge ruled.
If some of the conditions were not suitable for the petitioner, "they can very well keep away from participation in the tender process as nobody is compelling them to take part," he added.
(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)
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