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Supreme Court of India 2017-03-01 allowed

JSW Infrastructure Limited and Anr vs Kakinada Seaports Limited and Ors

Bench: 2 — Deepak Gupta

In Brief

The Supreme Court resolved a dispute over whether JSW Infrastructure Limited, already operating one dry cargo berth at Paradip Port Trust, could bid for another dry cargo berth. The port's anti-monopoly policy restricted bidding for the 'next' berth when 'only one private operator' existed. The High Court had rejected JSW's bid as violating this policy. The Supreme Court held that the clause applies only when a single private operator exists in the port; with multiple private operators already present, any could bid for successive berths. The Court emphasised judicial restraint in reviewing contractual decisions and found no arbitrariness or mala fides. The appeals were allowed and the High Court's judgment was set aside.

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Administrative Law Tender and Contract Law Judicial Review Ports and Maritime Law Public-Private Partnership Competition and Monopoly Statutory Interpretation

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