The Bombay High Court on Monday imposed costs of Rs5 lakh on Adani Ports and Special Economic Zone Ltd (Adani Ports) while dismissing its plea challenging the disqualification of its bid in connection with the tender issued by the board of trustees of Jawaharlal Nehru Port Authority (JNPA) for up-gradation of its container terminal in Navi Mumbai, says a report.
Quoting the bench of chief justice Dipankar Datta and justice MS Karnik, the report says, “The decision of JNPT to disqualify the petitioner (Adani Ports) after having once declared it as qualified, to our mind, conforms to the settled law that JNPT was bound by the tender terms and conditions, which amounts to a representation to the public, and that any deviation would have amounted to a fraud on the public.”
On the costs, the bench observed that since Adani Ports brought an unmeritorious case for adjudication, it should bear the costs of this proceeding, assessed at Rs5 lakh.
Adani Ports had remitted Rs4.24 lakh, which had not been forfeited by JNPA. The court allowed JNPA to retain the amount while asking Adani Ports to pay the balance within a month.