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 clearance, who may be subsequently invited to bid for the project. The said RFQ document contains instructions to applicants and criteria for evaluation and project profile was available from the registered office of the first respondent upon submission of a demand draft in favour of the first respondent towards the cost of Request for Qualification document. The petitioner had paid the sum required by way of demand draft and after carefully gone through the RFQ document, had raised certain queries regarding certain terms and conditions of the said document and submitted written queries to the first respondent. The first respondent by its communication dated 04.04.2008 forwarded the amendments to the petitioner to the Request for Qualification document. The first respondent by proceedings dated 04.04.2008, had clarified the petitioners queries during the pre-application conference held on 29.03.2008. Since the petitioner fulfils all the requirements, had submitted its application dated 19.05.2008 for pre-qualification for development of container terminal at Ennore Port on BOT basis on 20th May, 2008.

2. 3. During the opening of the Bid on 20.05.2008, the Director, Operations of the first respondent read out the points secured by each of the Bidders. The petitioner had secured the third highest Eligibility Points amongst the participants. Thereafter, the first respondent issued a communication dated 30.06.2008 to the petitioner informing that the application for pre-qualification submitted by the petitioner had not been shortlisted for the next stage of bid, i.e., RFP stage as per clause 20. 1. Thereafter, on 01.07.2008, the first respondent sent another letter clarifying that the communication dated 30.06.2008 be read as "this notification is in accordance with clause 21. 1 of Request for Qualification document", instead of "this notification is in accordance with clause 20. 1 of Request for Qualification document". The petitioner was shocked to receive the communication dated 30.06.2008 and 01.07.2008, and by reply dated 02.07.2008, the petitioner highlighting its points of submission, requested to review the omission of the consortium of the petitioner from the eligibility list of candidates for RFP stage. The first respondent has not replied to the communication dated 02.07.2008 till the filing of the writ petition.

4. The Chairman representing Shipping Corporation of India, one of the consortium members, met the Chairman cum Managing Director of the first respondent and wanted to know how the petitioner was not shortlisted for the next stage. It has been informed to the petitioner that the Power of Attorney issued by Container Corporation of India was not notarized and therefore, the petitioner was not shortlisted. In respect of the shortlisti