ALCATEL INDIA LIMITED Vs. MAHANAGAR TELEPHONE NIGAM LIMITED

JUDGEMENT

(1.) This is an appeal directed against the order of the learned single Judge dated 11/05/2001 in Civil writ Petition No.1440/2001. The facts giving rise to the appeal are as follows:-

(2.) Pursuant to the NIT, the appellant on 31/07/2000 submitted its tender and also deposited the bid security. Certain other parties also submitted. their tenders. The Tender Evaluation Committee shortlisted the appellant and two others, namely, ITI and HTL. On 8/09/2000, a letter of intent (LOI) was issued to the appellant. Thereafter the appellant on 12/09/2000 communicated its acceptance to supply the requisite equipment to the M.T.M.L. On the next day, viz., 13.9.2000, the appellant furnished the requisite bank guarantee for due performance of the work to the respondent-HTML, but the latter did not issue the Purchase Order. Thereupon, not having received the purchase order, the appellant filed a writ petition seeking the following reliefs:-

(3.) Before the learned Single Judge a statement was made by the learned Additional Solicitor General that the respondent had decided to scrap the tender in question and it. will issue a "new tender notification", if need be. In view of the statement of the learned Additional Solicitor General, the learned single Judge dismissed the writ petition on the ground of the same having been rendered infructuous. The appellant being aggrieved of the order passed by the learned single Judge has filed the instant appeal.