JUDGMENT :

R.F. Nariman, J.

1. Leave granted.

2. The factual matrix in which the present matter arises is that the Respondent No.1 issued a Global Invitation of Request for Qualification (hereinafter referred to as “RFQ”) in March, 2009 inviting applications from interested persons for the development of the 4th Container Terminal Project on Design, Build, Finance, Operate and Transfer Basis at Jawaharlal Nehru Port. The RFQ document of 02.03.2009 expressly contained a clause by which the bidder could be a Single Entity or a Consortium. On facts, the appellant and the Respondent No.2 before us together formed a Consortium with the appellant as the Lead Member, Technical Member and Financial Member of the Consortium. It may be pointed out at this stage that the appellant is a Company registered in Singapore, whereas Respondent No.2 is a Company registered in India.

3. Some of the salient features of the RFQ is that the RFQ itself, at the forefront, states by way of a Disclaimer that nothing in the RFQ will be construed to make the RFQ an Agreement between the parties. Whatever is st