Jsw Infrastructure Limited And Anr vs Kakinada Seaports Limited And Ors

The Supreme Court upheld the Orissa High Court's decision that the first consortium, comprising JSW Infrastructure Limited and South West Port Limited, was ineligible to bid for a berth at Paradip Port Trust due to a violation of the policy against monopoly as outlined in the bidding guidelines. Specifically, the Court interpreted the policy clause which prohibits a private operator from bidding for a subsequent berth for the same cargo type if they are already operating a berth. The Court affirmed the High Court's directive to either accept the remaining bid from the second consortium or invite fresh bids, thereby reinforcing the principle of fair competition in public procurement.