K.VENKATARAMAN
PSA Ennore Pte. Limited, rep. by Kenny Low, its authorized signatory – Appellant
Versus
Union of India, rep. by its Secretary & Another – Respondent
Common Order:
The petitioners in all these writ petitions question the act of the Ennore Port Limited in not shortlisting them for the next stage of bid that is RFQ stage and some challenging certain clauses in the tender forms.
2. The short matrix of the matter as put forth by the petitioner in W.P.No.17460 of 2008, in its affidavit filed in support of the petition, in nutshell, is set out here under:-
2. 1. The petitioner is one of the members of the consortium by the name of India Terminal Consortium (herein after referred as the Consortium). The petitioner consortium members are reputed logistics service providers including International Port Operators. The Consortium members are (i) Terminal Investments Limited, (ii) Samsung C & T Corporation, (iii) Container Corporation of India, (iv) The Shipping Corporation of India, (v) Central Warehousing Corporation and (vi) Hind Terminals Private Limited.
2. 2. On 07.03.2008, the first respondent floated Request for Qualification (RFQ) for development of Container Terminal at Ennore Port, on Build, Operate and Transfer basis (herein after referred as BOT), in order to shortlist competent applicants subject to national security
4. Ramana v. I.A.Authority of India A.I.R. 1979 Supreme Court 1628
6. Maneka Gandhi V. Union of India (1978) 1 SCC 248; AIR 1978 SC 597
7. Erusian Equipment and Chemicals Ltd. V. State of West Bengal (AIR 1975 SC 266
114. Tata Cellular Vs. Union of India 1994 (6) SCC 651
116. Raunaq International Ltd. v. I.V.R Construction Ltd. 1999 (1) SCC 492
117. Delhi Science Forum v. Union of India (1996) 2 Supreme Court Cases 405
119. Union of India and others v. E.G.Nambudiri (1991) 3 Supreme Court Cases 38
221. Star Enterprises v. C.I.D. of Maharashtra Ltd (1990) 3 Supreme Court Cases 280
223. Foor Corpn. of India v. Kamdhenu Cattle Feed Industries (1993) I SCC 71
228. Directorate of Education v. Educomp Datamatics Ltd. (2004) 4 Supreme Court Cases 19
30.30. New Bihar Biri Leaves Co. v. State of Bihar (1981) 1 SCC 537
12. Fertilizer Corporation Kamgar Union (Regd.) v. Union of India 1981 (1) SCC 568
11. Ramana Dayaram Shetty v. International Airport Authority of India 1979 (3) SCC 489
113. CCE v. Dunlop India Ltd. 1985 (1) SCC 260
115. Ramniklal N.Bhutta v. State of Maharashtra 1997 (1) SCC 134
118. Mohinder Singh Gill and another v. The Chief Election Commissioner
20.20. Union of India and others v. Jai Prakash Singh and another (2007) 10 Supreme Court Cases 712
222. Comptroller and Auditor-General of India v. K.S. Jagannathan 1986 2 SCC 679
224. Union of India v. Dinesh Engineering Corpn (2001) 8 SCC 491
229. Puravankara Projects Ltd.
5. E.P.Royappa V.State of Tamil Nadu (1974) 2 SCR 348: AIR 1974 SC 555
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