UNITED TELECOM LTD Vs. M T N L

JUDGEMENT

(1.) This petition is admitted for hearing and taken up for final disposal at this stage on the request of learned counsels for the parties.

(2.) Petitioner is one of the bidders for a tender floated by respondent No.1 for supply of 250 K hand held subscribed terminals and 150K fixed wireless terminals based on CDMA (2000x1) technology.

(3.) Petitioner submits that the technical bids were opened on 13.12.2004 and for package I, petitioner and respondent No.2 qualified. Thereafter on opening the financial bids, advance purchase order dated 4.4.2005 bearing no.MTNL/20-80(337)/2004-MM/CDMA WILL TERMINALS 2000 X(400 K)/SURANA was issued to respondent No.2 in respect of package I Type C Category I, though the bid of the petitioner was the lowest on subtracting the price of data cable from the total price quoted as the data cable was not required for package I. Petitioner's case is that in order to ascertain the lowest price, the price quoted for data cable should not have been included or in the price quoted by respondent No.2 the price of data cable ought to have been added to ascertain the lowest price and if this was done, petitioner would have been the lowest bidder. Petitioner accordingly prays that advance purchase order issued to the respondent no.2 be cancelled and it be issued to him or the entire new tender process be initiated in respect of package I Type C Category I by the respondent no.1.