LIFETREE CONVERGENCE LIMITED Vs. MAHANAGAR TELEPHONE NIGVAM LIMITED

JUDGEMENT

(1.) The main dispute in the petition which is required to be considered for the purposes of this interim application is the interpretation of Clause 3 and the eligibility of Zip Infotech who are the competing supplier of Software to respondent No.2 who is the prime bidder of a Notice Inviting Tender issued by Respondent No.1 M.T.N.L.

(2.) The relevant portion of Clause 3 of Notice Inviting Tender(hereinafter referred to as 'the NIT') reads as follows:

(3.) A joint bid was made by Respondent No.2 with consent of the petitioner and Respondent No.5 who had entered into a Memorandum of Understanding by which Respondent No. 5 was to organize front ending of the bid through Respondent No.2. The grievance of the petitioner raised in the petition is because Respondent No.2 submitted two bids, one involving the joint venture of petitioner and Respondent No. 5 and the other with the technical support of Zip Infotech Ltd. and since only one bank guarantee was submitted by Respondent No.2 on a query made by Respondent No.1, Respondent No.2 opted for the support system of Zip Infotech Ltd. by jettisoning the petitioner's participation.