M/S B.R. Arora & Associates (P) Ltd. & ORS v. Airports Authority Of India

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 9005/2017 & CM No. 36827/2017 M/S B.R. ARORA & ASSOCIATES (P) LTD. & ORS ..... Petitioners Through:

Mr Vaibhav Dang, Advocate.

versus AIRPORTS AUTHORITY OF INDIA ..... Respondent Through:

Mr Digvijay Rai and Mr Kustubh Singh, Advocates.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 13.11.2018 1.

At the outset, learned counsel appearing for the petitioners states that the term of the punitive measure imposed on the petitioners is over. The petitioners were blacklisted for a period of five years from 01.07.2013, which has since expired. He has drawn the attention of this Court to the order dated 25.04.2017, which is impugned in the present petition. The operative part of the said order reads as under:- "After considering the facts and circumstances in totality, the Competent Authority has decided to blacklist the firm M/s Brite Aricon (Consortium) for a period of five years w.e.f. 01.07.2013 from participating in any tender of AAI. Since M/s Brite Aricon (Consortium) has not been allowed to participate in any tender w.e.f. 01.07.2013, the said embargo would be maintained till the completion of five years from 01.07.2013 and no contract would be awarded to M/s Brite Aricon (Consortium) or to any firm or company having business links in the form of Joint Venture or the like with

M/s Brite Aricon (Consortium), New Delhi."

2.

The learned counsel appearing for the petitioners further states that since the petitioners' black listing period is over, the petition may be disposed of, without prejudice to its contentions, as it does not survive. 3.

The petition is disposed of in view of the above submission. It is clarified that this Court had not expressed any opinion on the merits of the disputes raised in the present petition and/or the validity of the order impugned herein.

VIBHU BAKHRU, J NOVEMBER 13, 2018 MK