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2022 Supreme(SC) 1616

M. R. SHAH, KRISHNA MURARI
Adani Ports And Special Economic Zone Limited – Appellant
Versus
Board of Trustees of Jawaharlal Nehru Port Authority – Respondent


Advocates appeared:
Dr. A.M.Singhvi, Sr. Advocate, Mr. Neeraj Kishan Kaul, Sr. Advocate, Mr. Vikram Nankani, Sr. Advocate, Mr. Mahesh Agarwal, Advocate, Mr. Ankur Saigal, Advocate, Mr. Arshit Anand, Advocate, Ms. Geetika Sharma, Advocate, Mr. Shashwat Singh, Advocate, Mr. Dhruv Sharma, Advocate, Mr. Siddharth Seem, Advocate, Mr. Nidhiram Sharma, Advocate, Mr. E. C. Agrawala, Advocate, For the Appellant / Mr. Tushar Mehta, SG, Mr. Saket Mone,Advocate, Ms. Jaikriti S. Jadeja, Advocate, Mr. Abishek Salian, Advocate, Mr. Devansh Shah, Advocate, Ms. Prapti Allagh, Advocate, Mr. Shyam Divan, Sr. Advocate, Mr. Huzefa Ahmadi, Sr. Advocate, Mr. Ninad Laud, Advocate, Ms. Ranjeeta Rohatgi, Advocate, Mr. Aditya Pratap Swain, Advocate, Mr. Avinash Mathews, Advocate, Mr. Ivo D’Costa, Advocate, For the Respondent.

ORDER

M.R. Shah, J. - Feeling aggrieved and dissatisfied with the impugned judgment and order dated 27.06.2022 passed by the High Court of Judicature at Bombay in Writ Petition No. 14657 of 2022 by which the Division Bench of the High Court has dismissed the said writ petition with respect to the tender No. JNP/TRAFFIC/MCB/PPP/2021/01, the original writ petitioner- Adani Ports and Special Economic Zone Limited has preferred the present Civil Appeal No. 5878 of 2022.

1.1 Writ Petition No. 569 of 2022 under Article 32 of the Constitution of India has been preferred by the petitioner - M/s. Adani Port and Special Economic Zone Limited seeking following prayers:-

    "a. to declare Petitioner's disqualification under the Tender as illegal, wrongful and /or revoke Petitioner's disqualification under Tender No. JNP/T/BT/SWB-CB/2021-22/T-03 dated 4.2.2022 (Annexure P-1);

    b. to issue a Writ of Mandamus or any other writ in the nature of Mandamus or any other appropriate writ, order or directions under Article 32 of the Constitution of India to Respondent No. I and 2: (i) to forthwith withdraw and/or cancel the impugned communications dated 15.7.2022 (Annexure P-5) (ii) to permit the Petitioner to

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