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2017 Supreme(Bom) 1609

MANJULA CHELLUR, G.S.KULKARNI
Chaucer Capital Limited through its Constituted Attorney Sitaram Teravankar – Appellant
Versus
Maharashtra Maritime Board Indian Mercantile Chambers – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Aspi Chinoy, Rohan Rajadhyaksha, Tanmayi Rajadhyaksha, Mohanish Chaudhari
For the Respondents: Gaurav Joshi, Rahul Sinha, Geeta Shastri, Janak Dwarkadas, Rahul Narichania, Bindiya Raichura, Smriti Jha i/b Mulla & Mulla & Craigie Blunt & Caroe, Aswini R. Singh

JUDGMENT :

Manjula Chellur, J.

1. The petitioner herein is before this Court seeking reliefs as under:

(A) To set aside the impugned order dated 27.05.2014 of respondent no.2 which came to be passed in terms of direction of this Court by order dated 8th January 2014.

(B) To quash the impugned LOI dated 19.10.2011 issued to respondent no.3 followed by Lease Deed dated 3.12.2011 executed between Respondent No.1 and Respondent no.3, as well as modifications dated 04.04.2013 and 17.07.2014.

(C) To prohibit Respondent no.1 from granting further rights or permission to develop the site earmarked for proposed Alewadi Port Project.

(D) To direct Respondents No.1 and 2 to complete the selection procedure which started in the year 2007 in terms of 1996 port policy and not to subject the petitioner to any new tender process.

FACTS:

2. The petitioner being a private equity fund known as “Chaucer Capital Limited” incorporated under the laws of the United Kingdom is before us. The first respondent is the Maharashtra Maritime Board (for the sake of convenience and brevity referred to as “MMB'”), a statutory Board constituted under MMB Act. The second respondent is the Minister (Ports) Home Department, Go








































































































































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