ADANI PORTS AND SPECIAL ECONOMIC ZONE LIMITED Vs. BOARD OF TRUSTEES OF JAWAHARLAL NEHRU PORT AUTHORITY

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dtd. 27/6/2022 passed by the High Court of Judicature at Bombay in Writ Petition No. 14657 of 2022 by which the Division Bench of the High Court has dismissed the said writ petition with respect to the Tender No. JNP/TRAFFIC/MCB/PPP/2021/01, the original writ petitioner - Adani Ports and Special Economic Zone Limited has preferred the present Civil Appeal No. 5878 of 2022.

(2.) At the outset, it is required to be noted that with respect to the aforesaid two tenders namely Tender No. JNP/TRAFFIC/MCB/PPP/2021/01 and Tender No. JNP/T/BT/SWBCB/2021-22/T-03, the appellant/petitioner has been considered disqualified and/or ineligible in view of the termination of the Concession Agreement dtd. 1/8/2011 pursuant to the termination letter dtd. 26/12/2020 issued by the Visakhapatnam Port Authority. While disqualifying the appellant /petitioner, the respondent No. 1 [the Board of Trustees of Jawaharlal Nehru Port Authority(JNPA)] has relied upon Clause 2.2.8 of the Request for Qualification (RFQ) documents.

(3.) Dr. A.M. Singhvi, learned Senior Advocate has appeared with Shri Neeraj Kishan Kaul, learned Senior Advocate on behalf of the appellant/petitioner. Shri Tushar Mehta, learned Solicitor General has appeared on behalf of the respondent No.1 - Board of Trustees of Jawaharlal Nehru Port Authority and Shri Shyam Divan and Shri Huzefa Ahmadi, learned Senior Advocates have appeared on behalf of the contesting respondent namely M/s. J.M. Baxi Ports & Logistics Ltd.