SC release for Adani Port on JNPT terminal expansion | Whuff News


MUMBAI : The Supreme Court on Monday said the Jawaharlal Nehru Port Authority cannot cite the disqualification of the Adani Port and Special Economic Zone (APSEZ) from the Visakhapatnam Port Trust (VPT) project as a reason to disqualify the company from future bids.

The Supreme Court has asked Adani Ports to withdraw its petition, which the company has agreed to.

In June, Adani Port moved the Bombay high court, challenging the board of trustees of the Jawaharlal Nehru Port Authority (BTJNPA) for canceling its bid to upgrade the container terminal in Navi Mumbai. This comes after JNPT had earlier canceled its bid citing a pending dispute between Adani Vizag Coal Terminal Pvt. Ltd (AVCTPL) and Visakhapatnam Port Trust (VPT).

JNPT tenders have been invited for upgrading, operation, maintenance and relocation of Jawaharlal Nehru Port Container Terminal through public private partnership. Adani Ports was disqualified because the company did not disclose information about the termination of the concession agreement between AVCTPL and VPT in 2020.

Adani Port has moved the Bombay high court to declare its disqualification illegal and wrongful, and set it aside. The court, however, called the plea unmeritorious, and ordered Adani to pay 5 lakh to the port authority for filing a meritless case. Adani Ports challenged the decision in the Supreme Court.

Adani Ports alleged that Adani Vizag, an associate firm, had a contractual relationship with VPT since 2011. During the outbreak, the company intended to terminate the agreement by invoking a force majeure clause. However, VPT did not agree, after which Adani Vizag terminated the agreement on October 21, 2020, effective January 19, 2021.

On 30 November 2020, disputes and differences between AVCTPL and VPT were referred to arbitration by AVCTPL. In the writ petition it is alleged that as a counter, VPT on 26 December 2020 terminated the concession agreement with AVCTPL effective after 90 days.

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