DEBASHIS MITRA Vs. UNION OF INDIA

JUDGEMENT

(1.) Upon succeeding in a tender floated by the Bharat Sanchar Nigam Limited (BSNL) for the purpose of outsourcing maintenance and provisioning of landline and broadband for external plant of copper network in CTD under Business Area-West, the petitioner was awarded a contract.

(2.) Sub-clause 3.6(b) of the said contract provides that the contract will be terminated and PBG forfeited upon non-performance and failure to meet all the SLAs, that is, MTTR, Provisioning, fault clearance and repeat fault parameters for consecutive three months. It was further stipulated in the said clause that notice shall be served for nonperformance in the first month, second month and third month before final termination.

(3.) It is contended that although the petitioner gave written replies to each of the three notices issued by the respondent-Authorities, none of those was considered by the respondents.