JSW INFRASTRUCTURE LIMITED vs KAKINADA SEAPORTS LIMITED .

The Supreme Court upheld the Orissa High Court's decision that JSW Infrastructure Limited was not entitled to participate in the bidding process for a berth at Paradip Port Trust due to a violation of the Policy Clause prohibiting a private operator from bidding for a second berth handling the same cargo. The Court interpreted the Policy Clause, emphasizing that the term 'next' restricts operators already managing a berth for a specific cargo from bidding for additional berths for the same cargo. Consequently, the Court dismissed the appeals, affirming the High Court's ruling that the acceptance of the first consortium's bid was illegal and set aside.