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2022 Supreme(AP) 866

R. RAGHUNANDAN RAO
Navyauga Machilipatnam Port Limited – Appellant
Versus
State of Andhra Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Dammalapati Srinivas, S. Pranathi.

ORDER :

1. The State of Andhra Pradesh, which is the 1st respondent herein, in pursuance of its intention to develop an all weather deep water port at Machilipatnam, Krishna District, vide G.O.Ms. No. 2 Infrastructure and Investment (Ports-I) Department, dated 30.01.2008, awarded the contract of developing such a port to a consortium of companies. Pursuant to this award, a Concession Agreement dated 21.04.2008 was executed. The consortium of companies had incorporated a company by the name M/s. Vajra Sea Port Pvt. Ltd. as a special purpose vehicle to execute the Concession agreement. The name of this company was subsequently changed to M/s. Machilipatnam Port Limited and thereafter, to M/s. Navayuga Machilipatnam Port Limited. The said special purpose vehicle is the writ petitioner in the present writ petition.

2. The petitioner on 28.08.2009 informed 1st respondent that some of its promoters had exited the project and sought permission for inducting another company called Navayuga Engineering Company Pvt., Ltd. as the lead promoter. This request was accepted by the 1st respondent, which issued G.O.Ms. No. 7 dated 15.04.2010, for such a change. After the induction of the new lead pro

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