Delhi High Court Rejects Adani’s Petition
• No Relief for Adani in Kolkata Airport Bid Case
• Technical Glitch Claim Fails: Adani Loses Bid Case
Unmesh Gujarathi
Sprouts News Exclusive
The Delhi High Court has dismissed a petition filed by Adani Global Air Cargo Solutions Private Limited, which challenged the bidding process for developing a new cargo terminal at Kolkata Airport. The court ruled that Adani’s claim of technical glitches preventing timely bid submission was unsubstantiated, as the e-procurement portal was found to be functioning correctly on the submission day.
Adani Global Air Cargo Solutions sought to participate in the Airports Authority of India’s (AAI) tender for developing the cargo terminal at Kolkata Airport on a Design, Build, Finance, Operate, and Transfer (DBFOT) basis. The company alleged that technical issues on the Government e-Marketplace (GeM) portal prevented them from uploading their financial bid before the 5:00 PM deadline on November 7, 2024. Reported errors included duplicate file names and an unresponsive “sign and submit” button, prompting Adani to request a 30-minute extension.
• Court Proceedings
The Union of India, AAI Cargo Logistics and Allied Services Company Limited (AAICLAS), and the National Informatics Centre (NIC) contested Adani’s claims. They presented logs from the GeM portal, confirming that Adani had successfully uploaded 18 documents at 4:57 PM but failed to complete the financial bid submission. The logs also showed that 243 bidders were active on the portal that day, with 18 bids successfully submitted between 4:00 PM and 5:00 PM, contradicting Adani’s claims of technical failure.
• Court’s Findings
The Division Bench of Justices Vibhu Bakru and Girish Kathpalia ruled that Adani’s failure to submit its bid on time was due to user errors, including duplicate file names that caused repeated logouts. The court found no evidence of systemic faults in the e-procurement process and held that the bidding procedure did not violate Article 14 of the Constitution of India.
Citing the Supreme Court’s decision in Maharashtra Housing Development Authority v. Shapoorji Pallonji and Company Private Limited (2018), the Bench reinforced that bidders must ensure timely submissions and cannot seek a second opportunity due to their own errors. Additionally, it referenced the 2023 case of Deep Blue Xpress Limited v. Municipal Corporation of Delhi, which dismissed similar claims of technical glitches, reiterating that bidders bear full responsibility for timely and accurate bid submissions.
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• Implications
While acknowledging Adani’s genuine attempt to participate, the court found no justification for interfering in the bidding process. However, it clarified that AAICLAS is not barred from reconsidering Adani’s exclusion in the interest of fair competition, especially given that only three bidders participated, reducing the overall competitiveness of the process.
• Representation
Adani was represented by Senior Advocate Akhil Sibal, along with advocates Meghna Mishra, Ankit Rajgarhia, Shreyansh Rathi, and Rohit Kumar from Karanjawala & Co. The respondents were represented by Advocates Ripudaman Bhardwaj, Shweta Bharti, Anjana Gosain, Vanita Bhargana, Siddharth Sethi, and Arnav Kumar.
• Sprouts News Analysis
The Delhi High Court’s ruling sets a strong precedent for e-procurement in India, reinforcing the necessity of bidders ensuring timely and error-free submissions. The case also highlights the increasing role of digital procurement platforms in large-scale infrastructure projects. While Adani’s exclusion narrows the competition, the decision underscores the judiciary’s emphasis on procedural integrity over individual bidder challenges.