HC rejects Adani Cargo's plea against Kolkata Airport cargo terminal bid

Adani Global Air Cargo Solutions said it was excluded from participating in the bidding process due to a technical glitch that prevented it from logging in to submit its online bid

The Delhi High Court has dismissed a plea moved by Adani Global Air Cargo Solutions challenging the bidding process for Kolkata Airport's new cargo terminal development.

 

The court was hearing a petition by Adani Global Air seeking the cancellation of an e-tender issued by ACLASCL, a subsidiary of the Airports Authority of India, for the development of the new cargo terminal at Kolkata Airport on a design, build, finance, operate, and transfer basis.

 

Adani said it was excluded from participating in the bidding process due to a technical glitch that prevented it from logging in to submit its online bid.

 

 

In view of the above, the company prayed that the impugned e-tender be cancelled.

 

On the other hand, the Union government, ACLASCL, and the National Informatics Centre (NIC) opposed this, stating that the e-portal was functioning properly on the day in question.

 

Though the court acknowledged Adani's attempts to participate in the bid, it said that while it found no ground to interfere with the bidding process, given the limited scope of judicial review, it was necessary to clarify that ACLASCL was not precluded from considering that, despite the petitioner’s bona fide attempts, it had failed to upload its bid, and from taking an appropriate decision in its commercial interest.

 

The court also noted that the petitioner’s failure to complete the submission of its bid adversely affected not only itself but also ACLASCL, as it was deprived of a competing bid.

 

"It is also material to observe that the petitioner’s failure to complete the submission of its bid adversely affects not only the petitioner but also ACLASCL, as it is deprived of a competing bid," the order by Justices Vibhu Bakhru and Girish Kathpalia said in an order on Tuesday, a copy of which was uploaded on Wednesday.