Tender: Grievance of appellant/petitioner was that in respect of two tenders, it was considered disqualified and/or was held ineligible in view of the termination of the Concession Agreement by the Visakhapatnam Port Authority – Termination of Concession Agreement was subject matter of dispute pending before the Arbitral Tribunal – Held: The issue of termination of Concession Agreement is at large before the Arbitral Tribunal – There is a broad consensus between the appellant/petitioner and respondent No. 1 that these proceedings be disposed of by observing that the termination of the Concession Agreement by the Visakhapatnam Port Authority shall not be treated as a disqualification or ineligibility for the purpose of participating in any other tender issued by any public authorities in view of the peculiar facts and circumstances and, more particularly, when the appellant/petitioner has undertaken not to participate and will have no claims in respect of the above two tenders – Writ Petition is dismissed as withdrawn with the liberty in favour of the petitioner to challenge the validity of Clause 2.2.8 of the RFQ documents or any other identical clauses before the High Court and as and when such a challenge is made, the same be decided and disposed of in accordance with law and on its own merits and uninfluenced by the impugned judgment passed by the High Court as the validity of Clause 2.2.8 was not the subject matter before the High Court.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.