MIC EELCTRONIC LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition pertains to the notice inviting tender (NIT) issued by the Bharat Sanchar Nigam Limited (BSNL), the Respondent No. 2 herein on 15.7.2004. The Tender No. was MM/SW/072004/000277 and by virtue of the said NIT sealed tenders were invited for supply of MSC BASED WLL-CDMA EQUIPMENTS with EMBG (Ernest Money Bank Guarantee) for the packages as given below :-

(2.) The petitioner is aggrieved by this and has approached this Court, inter alia, for the issuance of a writ, direction or order in the nature of mandamus declaring the action of the respondent No. 2 (BSNL) in rejecting the bids of the petitioner as unconstitutional, arbitrary and illegal. The petitioner has also prayed for the issuance of a writ, direction or order to the Respondents directing them to accept the bids of the petitioner and process the same by duly considering it along with the rest of the bidders who were found to be responsive and not to discriminate against the petitioner in the matter of supply of the equipments to the respondent No. 2 (BSNL).

(3.) It may be pointed out that the petitioner had earlier approached the High Court of Judicature at Hyderabad on 24.10.2004 by virtue of the writ petition No. 19577/2004 which was dismissed by the said High Court on the ground of lack of territorial jurisdiction by an order dated 8.11.2004. A writ appeal filed before a Division Bench of that High Court was also dismissed on 22.11.2004. It is, thereafter in December 2004, that the present writ petition for the aforesaid reliefs was filed.