Disqualification notice by JNPA: Adani Ports moves HC

Adani Ports and Special Economic Zone Limited (Adani), a multi-location port developer and operator, has moved the Bombay High Court challenging the disqualification of their bid in connection with the tender issued by the Board of Trustees of Jawaharlal Nehru Port Authority (JNPA) for upgradation of its container terminal in Navi Mumbai.

The tender issued was a global invitation of Request For Qualification (RFQ) calling for application from interested persons for the upgradation, operation, maintenance and transfer of Jawaharlal Nehru Port Container Terminal through a public private partnership (PPP) for a concession period of 30 years.

The Board invited applications from interested parties to shortlist competent applicants. Adani submitted its bid for the same.

After a few days of submission, the board sought some clarifications and put certain queries, which Adani responded promptly, the plea said.

Subsequently, Adani was informed that it had cleared the qualification stage and was asked to make the necessary payment to the Board for obtaining the request for proposal (RFP) which Adani did and received acknowledgement.

After completion of the process, Adani stated that it received the RFP and concession agreement and was asked to participate in the bid stage and submit their financial proposal.

Before the procedure for bidding could begin, the board sent a notice to the company asking them to show cause why they should not be disqualified from said tender.

The basis for this notice was an order of the Andhra Pradesh High Court they came across where the Court had upheld the termination of the concession agreement by VPT.

Adani has moved the vacation bench of HC seeking that the Board of Trustees of JNPA be restrained from declaring the highest bidder.

A vacation bench of Justices AK Menon and NR Borkar on Monday sought a reply from the Board of Trustees of JNPA and kept the matter for hearing on May 13.