December 29, 2021 5:45:33 pm
The Gujarat High Court on Tuesday issued notice to the Deendayal Port Trust, formerly known as Kandla Port Trust, in a petition moved by Adani Ports and Special Economic Zone Limited (APSEZ), and a shareholder in the company for disqualification from participating as a bidder in the second stage of the bidding process for the development of mechanised fertiliser and other clean cargo handling facilities at a berth of the port.
A division bench of Justices JB Pardiwala and VD Nanavati kept the notice returnable for January 25.
Senior advocate Mihir Thakor, representing APSEZ, submitted before the court that the company is unaware of why it was disqualified, despite qualifying in three other ports. APSEZ is seeking that they be permitted to submit a request for proposal (RFP) in the tender. Thakor added: “I can submit the financial bid (if permitted to submit an RFP).”
Deendayal Port Trust had issued a notice inviting tender for the “Development of Mechanized Fertilizer and other clean cargo handling facilities at the Berth No.14 on Design, Build Operate and Transfer basis”, following which APSEZ had submitted its pre-qualification application.
On December 23, APSEZ, however, received a communication in writing, informing that the Deendayal Port 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),” without citing the reason for such disqualification.
While issuing notice to the Port Trust, the bench in its 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.”
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