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2016 Supreme(Mad) 1544

M.M.SUNDRESH
South India Corporation Pvt. Ltd. – Appellant
Versus
Kamarajar Port Limited, Government of India Undertaking – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.P.S.Raman, Senior Counsel for Mr.Rahul Balaji
For the Respondent: Mr.G.Rajagopal, Senior Counsel and Mr.Ravindran, Senior Counsel for Mr.Krishna Ravindran, Mr.AR.L.Sundaresan, Mr.Vijay Narayan

ORDER :

In the month of July, 2015, the 1st respondent had issued a Request for Qualification (hereinafter, referred to as ''RFQ'') bearing No.KPL/DBFOT/01/2015 for the selection of a developer seeking modification of existing Iron Ore Terminal on ''as is where is'' basis and to handle Common-User Coal at Kamarajar Port Limited on DBFOT basis. The petitioner was one of the bidders by forming a Consortium along with Chettinad International Coal Terminal Private Limited and Marg Limited. The petitioner made the bid based upon its own capacity qua the minimum eligibility criteria for financial capability as the lead Consortium member having net tangible asset of Rs.580 Crores. The petitioner's bid was rejected on the ground that it has failed to meet the minimum eligibility criteria, as the overdraft facility of Rs.98.01 Crores availed would come under ''short term borrowing'' as per Schedule III of the Companies Act, 2013. This communication dated 8.1.2016 was preceded by numerous correspondence between the parties.

2. Challenging the RFQ itself and the consequential notice dated 22.12.2015, by which, the Consortium of JSW Jaigarh Port Limited (JSWJPL) and JSW Infrastructure Limited (J













































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