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2007 Supreme(Mad) 1766

A.P.SHAH, JYOTHIMANI
Chennai Container Terminal Pvt. Ltd. , Royapuram, Chennai – Appellant
Versus
Union of India Rep. by Secretary, Ministry of Shipping, Road Transport & Highways & Others – Respondent


Advocates:
For the Appellant:H. Seervai, Advocate. For the Respondent: S. Raghunathan, Senior Counsel.

Judgment :-

These appeals arise out of a common order passed by the learned single Judge in Application No. 169 of 2007 in O.P.D.No.34482 of 2006 and Application No.353/07 in O.P.No.535 of 2006. By the impugned order, Application No.169 of 2007 in O.P.D.No.34482 of 2006 filed by Chennai Container Terminal Private Limited (for short CCTPL) seeking to recall and set aside the order dated 1. 2007, as well as Application No.353 of 2007 in O.P.No. 535 of 2006 filed by Union of India (for short UOI) to implead itself as the second petitioner in the petition were dismissed by the learned single Judge. Both CCTPL and UOI have appealed against the order.

2. The facts leading to these appeals are that in November 1997, tenders were invited by the Chennai Port Trust (ChPT for short) to take over, maintain, manage and operate the existing Container Terminal at Chennai Port for a period of 30 years on a revenue sharing basis. The P & O Ports Australia, which was a successful bidder, formed a special purpose vehicle called Chennai Container Terminal Limited, which later became a private limited company i.e., CCTPL. The ChPT entered into an agreement on 09.08.2001 with CCTPL. The agreement provid





























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