The case centred on the tender for the development of a fourth container facility in Jawaharlal Nehru Port Trust [JNPT], adding an additional annual 4.8 million TEU capacity to the existing 4m TEU over the next couple of years. Gateway Terminals of India (GTI) already operate the port’s second container terminal and under the terms of its concession agreement could not bid or operate the next container facility in the port.
As World Port Development understands previous tenders for building and operating additional terminals in the port contained a clause that GTI was unable to bid due to anti-monopoly grounds. When the tender for the fourth container facility was issued by JNPT this clause was not included. GTI assumed that it was allowed to bid for the fourth terminal and did so. After JNPT received the bid it announced the clause to exclude GTI from bidding. This last announcement forced GTI to go to court.