The SC will hear post-vacation appeals by Adani Port and SEZ against the HC order | Whuff News


The Supreme Court on Wednesday said it will hear after vacation a plea filed by Adani Ports and Special Economic Zone (Adani) against the Bombay High Court’s order dismissing its petition challenging the disqualification of its bid in a tender issued by the Jawaharlal Nehru Port Authority (JNPA). ) to upgrade the container terminal at Navi Mumbai.

A vacation bench of Justices AS Oka and MM Sundresh was told by senior advocate AM Singhvi, who represented the petitioner, that the matter could be heard after vacation.

Singhvi said the urgency in the matter has been lost because between yesterday and today, the bids were opened.

Between yesterday and today, they have opened their bids and ads in such a way that in any case, I don’t think for real numbers, I can match the people whose bids have been opened. So, Tuanku doesn’t need to bother now, he said.

But, it is very important to decide the legal issue. My lord may put it after the holidays. Due to this approach, I have been disqualified in various tenders and bids and it is a totally wrong interpretation of the relevant clause, said Singhvi.

The court said the matter was listed after vacation.

The apex court will resume normal operations after a vacation on July 11.

Singhvi on Tuesday sought immediate listing of pleas against the high court order.

I am a leading port manager of India and completed the port trust bid in December 2021 but I was disqualified four months after that. I have challenged the disqualification before the Bombay High Court which passed the order on Monday evening. Now the authorities are pursuing another bid, he said while mentioning the matter before the supreme court on Tuesday.

He had told the apex court that the nature of the contract was the operation and maintenance of the Jawaharlal Nehru Terminal through a public offer.

The high court on June 27 ordered Adani to pay a cost of Rs five lakh for bringing to court a “disgraceful case”.

Of this amount, Adani had already deposited Rs 4,24,800 with JNPA at the time of submitting its bid. The high court has asked JNPA to retain the amount and directed Adani to deposit the remaining amount.

Adani was disqualified by JNPA from the tender process to privatize the port authority’s container handling facility on May 3.

According to JNPA, the terms and conditions in its tender document say any firm involved in the termination of contracts at other ports will be prohibited from participating in the terminal privatization bidding process.

In December 2020, the coal handling terminal at the Visakhapatnam Port Authority operated by the Adani unit was terminated.

Adani, however, has claimed in his plea that his disqualification was unlawful.

The high court said, “Far from committing any wrongdoing, the JNPA instead gave a fair opportunity to the petitioner (Adani) to take the dispute (Visakhapatnam port authority episode) forward”.

It has said that in cases related to tenders, the court can only intervene if illegality or violation of constitutional rights has been committed.

(Only the headlines and images of this report may have been reworked by Business Standard staff; the rest of the content is automatically generated from syndicated feeds.)



Source link