Adani Ports moves SC challenging disqualification of Jawaharlal Nehru Port Authority tender bid

Adani Ports and Special Economic Zone Limited on Tuesday approached the Supreme Court challenging the disqualification of its bid on the tender issued for upgrading the container terminal in Navi Mumbai by the Board of Trustees of Jawaharlal Nehru Port Authority, or the JNPA, Live Law reported.

The development came a day after Adani Ports’ plea regarding the disqualification was dismissed by the Bombay High Court, according to ANI. The court had rejected the plea as “non -meritorious” and directed it to pay Rs 5 lakh to the JNPA.

Adani Ports was disqualified from the tender process on May 3, according to The Indian Express. In its plea before the High Court, the private multi-port operator had said that it had cleared the qualification stage in the tender and was asked to participate in the bidding stage and submit its financial proposal.

“However, before the procedure could begin, the JNPA board referred to the Andhra Pradesh High Court order that had upheld the termination of the concession agreement by Visakhapatnam Port Trust, and sent show cause notice to the firm as to why it cannot be disqualified from the tender for Navi Mumbai container terminal,” the company had said, according to the newspaper.

The company had said the disqualification was “illegal and in violation of fundamental and legal rights”.

On Tuesday, advocate Abhishek Manu Singhvi, appearing for Adani Ports, mentioned the plea for an urgent hearing before the court, Live Law reported.

Singhvi also urged the bench to maintain status quo by restraining the JNPA from not proceeding with the bids.

A vacation bench of Justices Surya Kant and JB Pardiwala, however, told Singhvi to mention the plea before the registry or vacation officer, according to the norm.

“Let’s see what the vacation officer and registrar opine,” Justice Kant said, according to Live Law.