HALLIBURTON OFFSHORE SERVICES INC. & ANR. Vs. DIRECTOR GENERAL OF SHIPPING & ORS.
LAWS(BOM)-2016-7-262
HIGH COURT OF BOMBAY
Decided on July 25,2016

Halliburton Offshore Services Inc. And Anr. Appellant
VERSUS
Director General Of Shipping And Ors. Respondents

JUDGEMENT

- (1.) 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).;


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