MAFATLAL INDUSTRIES LIMITED Vs. MAHANAGAR TELEPHONE NIGAM LIMITED

JUDGEMENT

(1.) . The petitioners have moved the present petition under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter 'referred to as the Act) for interim relief. Petitioner No.1 is a Company in the field of manufacturing of all types of summer and winter cloth having a turn over of more than Rs.300.00 crores. Petitioner No.2 M/s Sandhya Textiles is duly constituted as institutional coordinator representing petitioner No.1 company specifically for the tender floated by Mahanagar Telephone Nigam Ltd. (for short MTNL), the respondent. Reference to the petitioner would hereinafter mean petitioner No.1.

(2.) . MTNL invited tenders from those who had minimum turn over of rupees three hundred crores for supply of cloth for summer and winter uniforms for Group 'C' and 'D' of its employees. Notice inviting tenders (NIT) was for cloth for the following five types of uniforms:- SL.NO',.items ApproximateIndicative quantity (In (Rs) Per Meters) mtrs. 1. Cloth for shirts 330816 70-77 (Summer ) 2. Cloth for Pants 129225 260-270 (Summer ) 3. Pants and coats 187101 . 375 (woollen cloths for winter ) 4. a) Sarees with blouse 9180 sets 459.90 (Summer) , b) Suites with Dupattas (Summer) 5. a) Sarees with Blouse 5508 sets 585.90 (winter) b) Suites with Dupattas (winter)

(3.) . As it was open to the participants to bid either for one or more upto all the five items, the petitioners participated only for first three items which were for gents and did not bid for items 4 & 5, the four types of ladies wear. The petitioners bid being the lowest was accepted. After the acceptance of tender, the price was further negotiated on the basis of the specification of cloth supplied earlier by the applicant to Airport Authority of India (for short AAI). Revised and finally agreed prices were as under :- <FRM>JUDGEMENT_246_ILRDLH9_2002Html1.htm</FRM>