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20. Learned Senior counsel extensively referred to the terms and conditions of the DNIET as also the commercial manual, 2019. It was submitted that the debarment order would apply only to the Amritsar International Airport and not to the other airports in the country for the said order had been issued by the Airport Director of the Amritsar International Airport. It was submitted that to fill up the lacuna/lacunae, order dated 20.12.2023 was passed by the Airports Authority of India debarring the petitioner from participating in the tenders of AAI for a period of 03 years. It was submitted that this order was challenged in the Court of Addl. District Judge Budgam, J&K wherein order dated 21.12.2023 was passed staying the operation of the order dated 20.12.2023. This order was challenged in the High Court of J&K wherein it was stated by the Airports ,Authority of India that the said order be treated as withdrawn. SLP No.3376 of 2024 was filed by AAI before the Supreme Court of India but the same was disposed of as not having been pressed vide order dated 16.02.2024. It was submitted 8 of 44 Neutral Citation No:=2024:PHHC:171044-DB that under the circumstances, there was no order debarring the petitioner from airports across the country. It was also submitted that despite this, the petitioner had been held to be technically non-responsive in a number of tenders pertaining to different airports by placing reliance upon the orders of debarment passed on 08.08.2023. It was further submitted by the learned Senior counsel that the show cause notice should have provided for a punishment. For no punishment was mentioned in the show cause notice, the principles of natural justice had been violated and, therefore, the impugned orders would not be sustainable. Reliance was placed upon an order dated 16.10.2024, passed by this Court in CWP No.27726 of 2024 titled as Rajender Contractor versus State of Haryana and others and the judgment in the case of Kulja Industries Ltd. versus Chief General Manager W.P. Proj. BSNL and others (2014) 14 SCC 731, Isolaters and Isolaters versus Madhya Pradesh Madhya Kshetra Vidyut Vitran Co. Ltd. & Anr. 2023 AIR (Supreme Court) 2058, Gorkha Security Services versus Government (NCT of Delhi) and others 2014 (9) Supreme Court Cases 105 in this regard.

b) Then the LOIA or the draft Agreement as the case may be, shall, notwithstanding anything to the contrary contained therein or in this NIET Document, be liable to be terminated by a communication in writing by AAI to the agency without AAI being liable in any manner whatsoever to the agency. In such an event, AAI shall forfeit and appropriate the EMD and Performance Security and debar the agency from AAI tenders-for-any-period not succeeding subject to minimum of three (3) years, as the case may be without prejudice to any other right or remedy that may be avallable to AAI in this regard.

c) If such an event occurs after the issuance of LOIA and during the contract period, then AAI reserves the right to 14 of 44 Neutral Citation No:=2024:PHHC:171044-DB take any such measure as may be deemed fit in the sole discretion of AAI, Including annulment of the contract and forfeiture of the Performance Security amount.

d) Proposals shall be deemed to be under consideration immediately after they are opened until such time that AAI makes an official Intimation of award/rejection to the Applicants. While the Proposals are under consideration, Applicants and/or their representatives or other interested parties are advised to refrain from contacting, by any means, AAI and/or their employees/representatives on matters relating to the Proposals under consideration.

Explanation:

In case a Bidder is a Consortium, then the term Bidder as used in this Clause shall include each Member of such Consortium and the term Affiliate with respect to 17 of 44 Neutral Citation No:=2024:PHHC:171044-DB a Bidder shall include an Affiliate of each Member of that Consortium.

Note:

Regarding conflict of interest, AAI shall place reliance upon the declaration to be submitted by the bidder/applicant in the form of acceptance of AAI's tender conditions/other documents forming part of technical bids.