JUDGEMENT :

Facts:

1. For upgradation, operation, maintenance and transfer of Jawaharlal Nehru Port Container Terminal (JNPCT) through Public Private Partnership (PPP), Jawaharlal Nehru Port Trust (hereafter “JNPT”, for short) on 23rd August 2021 floated Request For Qualification (hereafter “RFQ”, for short) document under Tender No. JNP/TRAFFIC/MCB/PPP/2021/01. Applications were invited from interested parties to facilitate, inter alia, shortlisting of eligible bidders subject to national security clearance.

2. The bid process under the RFQ is a 2 (two) step process for selection of a bidder for awarding of the tender. The first stage involves a process to identify the qualified bidder and upon such identification, the second stage would commence with the participation in the bidding process by the qualified bidders comprising Request for Proposals (hereafter “RFP”, for short).

3. After the RFQ was issued, addenda dated 14th September 2021 and 19th October 2021 were issued by the JNPT. Inter alia, clause 2.2.6 of the RFQ was broken up into two parts and numbered 2.2.7 and 2.2.8.

4. The petitioner, as an interested applicant, submitted papers and documents with the JNPT on 1st November 2021 at 13.10 hours. Thereafter, inter alia, the petitioner was called upon by the JNPT to submit accepted addendum IV and V and declaration for legal matters. Draft declaration was provided to the petitioner by email dated 4th December 2021. In response thereto, the petitioner promptly provided duly signed addendum IV and V along with declaration for legal matters.

5. By a communication dated 24th December 2021, JNPT informed the petitioner that its application dated 1st November 2021 in response to the RFQ had qualified for submission of the RFP. Accordingly, the petitioner was requested to remit an amount of Rs.4,24,800/- towards the cost of the RFP within 7 (seven) working days. Such request was duly complied with by the petitioner.

6. There were certain prior incidents which were not disclosed by the petitioner in its application dated 1st November 2021. One of such incidents is extremely relevant for a decision on this writ petition, which we shall presently notice in very brief. Adani Vizag Coal Terminal Private Limited (hereafter “AVCTPL”, for short) is undoubtedly a subsidiary of the petitioner and an ‘associate’ within the meaning of the term as defined in the RFQ. It is a fact admitted by the petitioner that AVCTPL was in a contractual relationship with Vishakhapatnam Port Trust (hereafter “VPT”, for short) since 2011. During the pandemic, AVCTPL had intended termination of the concession agreement by invoking the force majeure clause. VPT did not agree, whereafter AVCTPL terminated the concession agreement on 21st October 2020 w.e.f. 19th January 2021. On 30th November 2020, the disputes and dif