@JUDGMENTTAG-ORDER
1. Learned Counsel appearing in support of I.A. No. 8 of 2011, filed in Civil Appeal No. 2148 of 2009, submits on instructions that the applicant does not wish to proceed with the said application. The same is, accordingly, dismissed as not pressed.
2. I.A. Nos. 7-8 of 2012, have been filed in Civil Appeal Nos. 2010-2011 of 2010, by the Appellant. A similar application, being I.A. No. 10 of 2012, has been filed by the Appellant in Civil Appeal No. 2148 of 2009. Since the prayers are the same, the applications are taken up together for consideration.
3. In I.A. No. 10 of 2012, the Appellant-applicant, Bangalore International Airport Limited, has prayed for leave that pending adjudication of the various issues in the appeals, the applicant be permitted to start the process of inviting tenders and on completion thereof to award contracts for operation of duty free shops at the Bangalore International Airport.
4. Having heard Mr. Gopal Subramanium, learned senior Counsel appearing in support of the applications, and also having considered the submissions made on behalf of the writ Petitioner, the Respondent No. 1, Flemingo Dutyfree Shops Pvt. Ltd., we see no reason not to allow the prayers, as have been made.
5. Accordingly, I.A. Nos. 7-8 and 10 of 2012, are allowed, with leave to the Appellant-applicant to initiate and complete the tender process for awarding the contracts for operation of duty free shops at the Bangalore International Airport, but, after following all the norms and guidelines, as may have been indicated in the impugned judgment, so that transparency, both in the tendering process and awarding of the contract, is maintained.
6. This order will not, in any way, adversely affect the status of the Respondent No. 5, which is at present running the duty free shop, till the end of its present term.
