Gujarat High Court issued a notice on Tuesday to the Deendayal Port Trust in a petition by Adani Ports and Special Economic Zone Limited (APSEZ) and a shareholder in the company. APSEZ was disqualified in the second round from participating as a bidder for the development of mechanised fertilizer and other clean cargo handling facilities at a berth of the port.
The High Court kept the notice returnable for January 25. The petitioner, APSEZ submitted that the company has not been reasoned for their disqualification, even though they qualified in three other ports. The petitioner has prayed that they are permitted to submit a request for proposal (RFP) in the tender.
The Deendayal Port Trust formerly known as Kandla Port Trust had issued a notice that invited tender for “Development of Mechanized Fertilizer and other clean cargo handling facilities at the Berth No.14 on Design, Build Operate and Transfer basis.” After the notice, APSEZ had submitted its pre-qualification application.
However, APSEZ received a mail in writing that the Trust has thought fit to disqualify APSEZ “from participating as a bidder in the second stage of the bidding process in accordance with the provisions of the RFQ (request for quotation).” The writing never cited the reason for the disqualification.
A division bench of Judges JB Pardiwala and VD Nanavati in court’s order stated: “Subject to the final outcome of the present writ application, the respondent (Deendayal Port Trust) shall permit…(APSEZ)…to participate in the RFQ stage of the tender process.”