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2009 Supreme(Mad) 240

K.VENKATARAMAN
PSA Ennore Pte. Limited, rep. by Kenny Low, its authorized signatory – Appellant
Versus
Union of India, rep. by its Secretary & Another – Respondent


Advocates Appeared:
For the Petitioner:Aravind Dattar, S.C., M/s.AZB and Partners , AL. Somayaji, S.C., V. Perumal, Nalini Chidambaram, S.C., C. Uma, Aditya Bhat, Arun Angumani, P.S. Raman, S.C., Satish Parasaran Rahul Balaji, Advocates.
For the Respondents:M. Ravindran, Additional Solicitor General of India, assisted by P. Chandrasekaran, Senior Central Govt. Standing Counsel, for Ennore Port Ltd., R1, T.S. Sivagnanam, R.1 & R.3, A. Kalaiselvan, Advocates.

Judgment :

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
























































































































































































































































































































































































































































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