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Halliburton Offshore Services Inc. & Another v/s Director General of Shipping & Others

    Writ Petition No. 961 of 2016

    Decided On, 25 July 2016

    At, High Court of Judicature at Bombay

    By, THE HONOURABLE MR. JUSTICE S.C. DHARMADHIKARI & THE HONOURABLE DR.(MRS.) JUSTICE SHALINI PHANSALKAR-JOSHI

    For the Petitioners: Virag Tulzapurkar, Venkatesh Dhond, Senior Counsel, Bindi Dave, Pradeep Bakhru, Raghav Gupta, S. Laskari i/b M/s. Wadia Ghandy & Co., Advocates. For the Respondents: R1, R2 & R7, Vaishali Chaudhari, Rahul Tiwari, R4, Aziz Khan i/b M/s. Divya Shah Associates, R5, Aspi Chinoy, Gaurav Joshi, Senior Counsel, Akshay Kolse-Patil i/b M/s. Crawford Bayley & Co. R6, Navroz Seervai, V.K. Ramabhadran, Senior Counsels, K.V. Sen, Gandhar Ulhas Raikar i/b Verus, Advocates.



Judgment Text

1. The prayers in this Writ Petition, which is filed by M/s. Halliburton Offshore Services Inc., are in the following terms :

"(a) that this Hon'ble Court be pleased to issue a Writ of Certiorari or any other writ in the nature of Certiorari or any other appropriate writ, order or direction under Article 226 of the constitution of India calling for all the papers and proceedings in the matter of grant/issuance of the Provisional Certificate by Respondent Nos.1 to 3 to the vessel 'Sita Devi' Exhibit 'A" hereto, and after going through the same, quash and/or set aside the Provisional Certificate, Exhibit 'A' hereto, as being wrongful, illegal and void;

(b) that this Hon'ble Court be pleased to issue a Writ of Mandamus or any other writ in the nature of Mandamus or any other appropriate writ, order or direction under Article 226 of the Constitution of India to Respondent No.4, directing Respondent No.4 to permit Petitioner No.1 to exercise the 'right of first refusal in accordance with the Guidelines issued by Respondent No.1 Exhibit 'B' hereto, and decide on awarding the Letter of Interest and/or Letter of Award only on that basis;

(bi) that this Hon'ble Court be pleased to issue a Writ of Mandamus or any other writ in the nature of Mandamus or any other appropriate writ, order of direction under Article 226 of the Constitution of India, directing Respondent No.4 to award the Letter of Intent / Letter of Award in favour of Petitioner No.1 being the lowest legitimate bidder.

(c) that pending the hearing and final disposal of this Writ Petition, this Hon'ble Court be pleased to stay the effect and operation of the Provisional Certificate granted to the vessel 'Sita Devi', Exhibit 'A' hereto;

(d) that pending the hearing and final disposal of this Writ Petition, this Hon'ble Court be pleased to restrain Respondent No.4 from issuing any Letter of Intent / Letter of Award or taking any steps whatsoever in furtherance of or pursuance to the Tender;

(e) that pending the hearing and final disposal of this Writ Petition, and in the event of Respondent No.4 having issued any Letter of Intent and / or Letter of Award and / or taken any steps in furtherance of or pursuant to the Tender, this Hon'ble Court be pleased to stay the effect and operation of such Letter of Intent and /or Letter of Award and / or the action / steps taken by Respondent No.4;

(f) for ad-interim reliefs in terms of prayers (c), (d) and (e) above;

(g) for costs of this Petition; and

(h) for such further orders and reliefs this Hon'ble Court deems fit in the interest of justice, equity and good conscience."

2. By an amendment, prayer clause b(i) has been added which prays for issuance of writ of Mandamus or any other writ, order or direction in the nature thereof directing respondent No.4 to award the contract in favour of petitioner No.1 being the lowest legitimate bidder. The petitioner No.1 in this petition is Halliburton Offshore Services Inc. and the petitioner No.2 is Samson Maritime Limited.

3. Once we have quashed the order of the authorities dated 13th April, 2016, revoking the Provisional Certificate issued to the petitioner in Writ Petition No. 1668 of 2016, then, it is not possible to agree with Mr. Tulzapurkar and grant the reliefs as prayed in terms of the prayer clauses (a) and (b).

4. However, we clarify that in the event the respondent No.4 is desirous of completing the process initiated by it pursuant to the issuance of the tender notice, then, it would be open for the petitioners in this petition to point out that M/s. Sita Offshore Limited have not complied with all the terms and conditions of the tender barring the non obtaining of Provisional Certificate of Registration and our order passed in the writ petition of Sita Offshore shall not prevent the petitioners in th

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is petition from raising appropriate pleas before the public body, namely, the ONGC. Equally, it would be open for the petitioners and respondent No.5 to that writ petition to controvert all such pleas and substantiate their case by relying on such documents as are permissible in law. We clarify that we have expressed no opinion on the rival contentions as far as the bidding process of any decision or alleged inaction on the part of ONGC.
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