I.P. Mukerji, J. - (1.) In or around 1998 Kolkata Port Trust decided to build a fully mechanised multipurpose berth (No. 4A) at Haldia Dock Complex. It did not propose to build and operate it itself, but wanted to entrust it with a contractor. It invited tenders to build, manage and maintain it.
(2.) On 17th September, 1999 Haldia Dock Complex, on behalf of the Kolkata Port Trust, issued a letter of intent to International Seaports (India) Pvt. Ltd. to construct and maintain a multipurpose Berth 4A in Haldia.
(3.) On 28th January, 2002 International Seaports (India) Pvt. Limited and the respondent entered into an agreement. International Seaports would be responsible for berth construction and operation at Haldia Dock Complex. It would handle the cargo of coking coal of the respondent at the port. This would involve loading and unloading the cargo, transferring it to the stockyard, removing it from the stockyard and loading it on to wagons/rakes. On 14th May, 2002, a formal agreement was drawn up between International Seaports (India) Pvt. Limited and the Board of Trustees for the Port of Kolkata. On 17th June, 2002 this organisation assigned with the consent of Kolkata Port Trust, their rights and obligations under the said agreement dated 17th September, 1999 read with the agreement dated 14th May, 2002 to International Seaports (Haldia) Private Limited the petitioner. By an agreement dated 6th August, 2003 the rights and liabilities of International Seaports (India) Pvt. Ltd. in their agreement with the respondent dated 28th January, 2002 was also assigned in favour of the petitioner. On 7th August, 2003 the respondent accepted it.;