CHETTINAD INTERNATIONAL COAL TERMINAL PRIVATE LIMITED Vs. THE COMPETITION COMMISSION OF INDIA AND ORS.

JUDGEMENT

(1.) The petitioner operates a coal handling terminal at the third respondent Port, Kamarajar Port Limited. The petitioner was established as a special purpose vehicle by a consortium and was selected to create a facility of common user coal terminal at the third respondent Port on Built, Operate and Transfer (BOT) basis.

(2.) The petitioner entered into a licence agreement with the third respondent Port on 14.09.2006, for establishing the common user coal terminal, with an investment of Rs. 350 crores in building and commissioning the terminal with a capacity of 8MMTPA. It commenced business operations from 11.03.2011. The promoters of the third respondent Port are the Government of India, Ministry of Shipping and Chennai Port Trust (ChPT) with a share holding of 67.7% and 33.33% respectively.

(3.) The second respondent is a registered association of power producers in Tamil Nadu, formed during 2004. The members of the second respondent who are thermal power plants using coal as their main input have located their plants in and around Chennai and coal, which is obtained both from domestic and international sources, is transferred from the Ports to the power plants through road transport.