VXL ENGINEERS LIMITED Vs. DEPARTMENT OF TELECOMMUNICATIONS

JUDGEMENT

(1.) THIS Judgment will dispose of two writ petitions being C.W.P.No.l706/96 (VXL Engineers Ltd. v. Department of Telecommunications and others) and CWP No.3013/96 (P.S.Measuremeats and Controls and another v.Deptt. of Telecommunications and others) as these petitions raise common questions. The Petitioners in CWP No.3013/96 earlier approached the Karnataka High Court jbut the petition was peitted to be allowed to withdrawn with liberty to approach an appropriate Court having jurisdiction. Therefore, this petition was filed in this Court.

(2.) THE petitioner company (C.W. 1706/96) is a company registered under the Companies Act, 1956 and is engaged in the manufacture and sale of Tele Communication Equipments and is alleged to be a major supplier of the said products to respondent No. I as also to the Defence Services. Petitioner No. 1 in C.W.P.3013/96 is a proprietory concern and. petitioner No. 2 is a private limited company and the petition is filed by one of its shareholders. THE said petitioners are manufacturers of Telecom equipments. THE petitioners are challenging the acts of respondents 1 and 2 in awarding to respondents 3 to 7 90 per cent of the contract for supply of transmission instruments viz. Digital Transmission Analysers (DTA)34 Mb/s and 140-MB/s without Jitter against tender No. 14-14/94-MMT (OF) and placing advance purchase orders on the said respondents in preference to the petitioners who are equally qualified in all respects and were duly certified as such to supply the said equipments and at rates substantially lower to the rates quoted by respondent Nos. 3 to 7. Respondent No. 1 had called for two tenders each bearing No. 14-11/94-MMT (L) and 14-14/94-MMT(OF). Both these tenders were invited for supply of transmission instruments viz DTA 140- Mb/s without Jitter and DTA 34-MB/S- without Jitter. THE following factual averments as made in paragraphs 4 and 5 of CWP No. 1706/96 may be reproduced as follows: