The above Suit is filed by the Plaintiff inter alia seeking a declaration that the Joint Bidding Agreement (“JBA”), the Counter Guarantee, and its invocation by Defendant No.1, vide its letter dated 21st September, 2012 (Exhibit-J to the Plaint), is illegal, wrongful and vitiated by fraud and is therefore, null and void, non-est and of no effect whatsoever.

2. The facts as narrated by the Plaintiff are briefly set out hereunder:

3. On 2nd March, 2009, Defendant No. 4 issued a Global Invitation of Request for Qualification vide Tender No. PPD/M1/4th CT/T60/2009 (“RFQ”) inviting applications for the development of 4th Container Terminal Project on Design, Build, Finance, Operate and Transfer (“DBFOT”) basis (“the said Project”).

4. By and under the JBA dated 21st August, 2009, entered into between the Plaintiff and Defendant No.2 (“Consortium”) for the purpose of bidding for the Project, Defendant No.2 was to be the Lead Member, Technical Member, Financial Member of the Consortium while the Plaintiff was to be the Other Member in the Consortium. Admittedly, the Plaintiff has a 26 per cent share and the Defendant No.2 has the balance 74 per cent share in the Consortium.

5. Th