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2016 DIGILAW 1697 (RAJ)

Neel Kanth Exports v. Antiquariat (India) Private Limited

2016-11-24

AJAY RASTOGI, SANJEEV PRAKASH SHARMA

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JUDGMENT : 1. None is present on behalf of the appellants. 2. All the special appeals arise from self same judgment of the ld. Single Judge impugned in the instant proceedings dated 09.12.2013. 3. The respondents herein (writ-petitioner before the learned Single Judge) questioned the empanelment of one M/s. Neel Kanth Exports (appellant herein/respondent in the writ petition) for Shopping Emporia for Carpets, jewellery items and luxury trains, namely Palace on Wheels and Royal Rajasthan on Wheels for the tourist season 2013-14. 4. The objection of the writ-petitioner was that the process followed by the Rajasthan Tourism Development Corporation (RTDC) for floating tenders for empanelment of shopping emporia for luxury trains, namely Palace on Wheels and Royal Rajasthan on Wheels for the tourist season 2013-14 was defective and they have been arbitrarily excluded from participation in the tender process initiated by the Corporation. All the four writ petitions came to be allowed by the ld. Single Judge by a common judgment dated 09.12.2013 with following directions to the Corporation adopting the tendering process to finalise the empanelment:- "In the result, all the writ petitions succeed, and are hereby allowed. Empanelment of respondent No. 4 - M/s. Neel Kanth Exports, Jaipur as Shopping Emporia for luxury trains namely; Palace on Wheels and Royal Rajasthan on Wheels for the season 2013-14 pursuant to Tender No. POW/Require/13-14/979 dated 10/6/2013 for Carpet and Jewellery items in all the four writ petitions is set-aside. In order however to save the respondents-Rajasthan Tourist Development Corporation, Jaipur from losses, till it invites fresh tenders and finalise the process of new empanelment, the respondents-Rajasthan Tourist Development Corporation, Jaipur may despite quashment of the empanelment, continue to operate the contract with respondent No. 4-M/s. Neel Kanth Exports, Jaipur as Shopping Emporia upto 10/01/2014 on proportionate reduction of the bid amount and not thereafter." The order of the ld. Single Judge is the subject matter of challenge in the present batch of appeals dated 09.12.2013. The special appeals (SAW No. 1442/2013) were admitted by this Court on 20.12.2013 and by an ex-parte interim order dt. 20.12.2013, the order of the ld. Single Judge was kept in abeyance. 5. At a later stage, application was filed by the affected respondents for vacation of ex-parte interim order dated 20.12.2013, but their application came to be rejected and ex-parte interim order dated 20.12.2013 was made absolute vide order dated 19.02.2014. 6. 20.12.2013, the order of the ld. Single Judge was kept in abeyance. 5. At a later stage, application was filed by the affected respondents for vacation of ex-parte interim order dated 20.12.2013, but their application came to be rejected and ex-parte interim order dated 20.12.2013 was made absolute vide order dated 19.02.2014. 6. The affected respondents (original writ-petitioners) have now moved an application contending that since tourist season 2013-14 which was the subject matter of tender process and challenged before the ld. Single Judge by the affected respondents (original writ-petitioners) has expired, the present special appeals arising from the judgment of the ld. Single Judge after the effective period of tourist season being over, for all practical purposes have become infructuous. 7. In the light of what has been observed by this Court on the application filed by respondent No. 1 (original writ-petitioner), we too are of the view that after the effective period of tourist season for which there was a tendering process initiated by the Corporation being over, no useful purpose will be served in examining the issue further. However, we left the question decided by the ld. Single Judge open to be considered in appropriate proceedings, but at the same time the present batch of appeals on account of change of circumstances has become infructuous. 8. All the appeals stand disposed of as having become infructuous.