APM TERMINALS B.V. vs UNION OF INDIA

The Supreme Court addressed the appeal by APM Terminals B.V. against the High Court's dismissal of its writ petition challenging the exclusion from the tender process for the Fourth Container Terminal at Jawaharlal Nehru Port Trust. The Court examined the validity of the Board of Trustees' decision and the implications of Clause 8.31 of the Licence Agreement, which restricted the appellant's bidding rights. The Court held that the exclusion was improper and allowed the appellant to participate in the tender process, emphasizing adherence to the policy outlined in Circular No. PD-12013/2/2005-JNPT.