Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Award of contract - By Port Trust - For operating berth |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Contract: Award of contract - By Port Trust - For operating berth cargo - To the appellant-Consortium of companies - Challenged by the respondent- Consortium of companies (unsuccessful bidders), on the ground that in terms of Policy clause against creation of monopoly, appellants were not entitled to participate in the bidding process as they were already operating a berth for dry cargo - High Court set aside the contract - On appeal, held: The manner in which the High Court interpreted the Policy clause is erroneous - Reading the entire clause as a whole in the context of the purpose of the policy, it has to be interpreted that the clause will apply only when single private operator is operating a single berth - If there are more than one private operators, then the clause will not apply - Award of contract upheld. Deeds and Documents: Interpretation of - Words used in documents cannot be treated to be surplusage or superfluous and redundant and must be given some meaning and weightage. Judicial Review: Scope of judicial review - In contractual matters - Held: Writ courts should not interfere with contractual matters, unless the decision taken is totally arbitrary, perverse or mala fide - There . should be judicial restraint in review of administrative action - Judicial Restraint. |
Judge | Hon'ble Mr. Justice Deepak Gupta |
Neutral Citation | 2017 INSC 197 |
Petitioner | Jsw Infrastructure Limited And Anr. |
Respondent | Kakinada Seaports Ltd. And Ors. |
SCR | [2017] 2 S.C.R. 41 |
Judgement Date | 2017-03-01 |
Case Number | 3422 |
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