Centre reiterated that "the application filed by the petitioners themselves, wherein the production of number of documents has been prayed for, (which) clearly establishes that the petitioners are trying to get a fishing enquiry directed without even laying foundation of a prima facie case".
It is also submitted that garb of seeking review, reliance is being placed on some press reports and some incomplete internal file notings, obtained unauthorized and illegally from the Defense Ministry, in an attempt to get a fishing and roving enquiry ordered.
Moreover it is also argued that CAG report, which has "comprehensively dealt with all technical and commercial matters including the pricing of the basic aircraft, the pricing of the entire package including the aircraft package and weapons package, bench-marking of price, price advantage due to shift from firm and fixed price to non-firm and fixed price, the cost of Bank Guarantees, lower prices negotiated for India Specific Enhancements and the delivery timelines amongst other issues"
In its written submissions, the Centre has averred that "the CAG report has held that as far as the basic aircraft price is concerned, the cost in the bid of 2007 after price escalations is not lower than the negotiated cost under 36 Rafale Aircraft deal", that for the overall aircraft the contract was concluded at a price which is 2.86% lower than the audit aligned price, and that the CAG report has also brought out an additional benefit accruing to the country in view of the change from 'firm and fixed price' in the 2007 bid to 'non-firm and fixed offer' in 2016".
"The contract for the purchase of 36 Rafale aircraft was signed in September 2016 and the first aircraft is scheduled to be delivered to the country in September of 2019. The production and delivery schedule is monitored by High-level committee with representatives of the Government of France and India and the project is on schedule. Indian Air Force pilots and crew are already undergoing training in France to fly the aircraft", it is clarified.
Finally, it is stated that the Bank Guarantee charges as calculated by the CAG are around 7 times lower than the estimate of the three members of the Indian Negotiating Team, and that "even after taking into account that this is a saving by the vendor, the price in 36 Rafale aircraft procurement is lower than the audit aligned price from MMRCA bid".