Restraining Party From Participating In Any Tender Process U/S 9 of Arbitration Act Will Actually Thwart Competition: Delhi High Court
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Restraining Party From Participating In Any Tender Process U/S 9 of Arbitration Act Will Actually Thwart Competition: Delhi High Court

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The Delhi High Court Bench of Chief Justice Subramonium Prasad has held that if the respondent is denied participating in any tender process and ultimately, in the arbitration proceedings and then in the award, it is held that the claim of the petitioner is to be rejected, then irreparable loss will be caused to the respondent. The petitioner No.1 and Respondent submitted a bid and succeeded in the tender for providing Ground Handling Services at the Chennai Airport, Goa Airport, Bagdogra Airport, Udaipur Airport and Jodhpur Airport. Thereafter, the Arbitral Tribunal was constituted, and AAI issued a tender notice for Ground Handling Services at Ranchi Airport and Vijaywada Airport, and it is stated that the respondent would make its bid for the said tender which would cause irreparable loss to the petitioners. So, both the Petitioners No.1 and 2 approached the court under Section 9 of the act seeking interim relief..Observation of the court: The court noted that if the respondent is denied participating in any tender process and ultimately, in the arbitration proceedings and then in the award, it is held that the claim of the petitioner is to be rejected, then irreparable loss will be caused to the respondent.

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