Supreme Court Issues Notice On Adani Port Trust's Plea Challenging Disqualification In JNPA Tender

The Supreme Court on Wednesday issued notice in a plea by Adani Port Trust and Special Economic Zone aggrieved by Bombay High Court's order of dismissing its plea challenging the disqualification for upgradation of the container terminal in Navi Mumbai by the Board of Trustees of Jawaharlal Nehru Port Authority (JNPA).

The matter was listed before the bench of Chief Justice of India NV Ramana, Justices Krishna Murari and Hima Kohli.

Appearing for the Adani Port Trust, Senior Advocate AM Singhvi submitted that the matter required consideration as the Trust is being disqualified in multiple tenders and bids.

Adani before the High Court had termed JNPA's disqualification as "illegal and in violation of fundamental and legal rights." It had sought directions to restrain the Board from declaring the highest bidder or from signing a concession agreement with any other bidder pending hearing of the plea.

Adani sought directions to be allowed to participate in the Request For Proposals (RFP) stage of the tender process after a stay on the operation and implementation of the letter.

Before the High Court, JNPA opposed the plea seeking it's dismissal on the grounds that the court did not have the expertise to examine "terms and conditions of present day economic activities of the state." Therefore it could not intervene.

Terming the plea as "non meritorious", the Bombay High Court bench of Chief Justice Dipankar Datta and Justice MS Karnik and dismissing the same had imposed costs of Rs. 5 lakh, payable to JNPA.

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