LAWS(CAL)-2009-8-119

BHARAT SANCHAR NIGAM LTD Vs. KEC INTERNATIONAL LTD

Decided On August 10, 2009
BHARAT SANCHAR NIGAM LTD Appellant
V/S
Kec International Ltd Respondents

JUDGEMENT

(1.) This appeal has been filed by Bharat Sanchar Nigam Ltd. (hereinafter referred to as the BSNL) against the judgment and order dated July 8, 2009 passed by Justice Sanjib Banerjee in W.P. No. 9770(w) of 2009. There is no dispute that the appellant is a Government Company and is engaged in running, maintaining, developing the modernization and widening of the telecommunication system of the country.

(2.) On May 1, 2008, the appellant issued a notice inviting tenders (hereinafter referred to as NIT) which envisaged planning, designing, engineering, supply, installation, testing, commissioning and annual maintenance contract for 18 million lines of GSM/UMTS R6 equipments in four parts of BSNL network. The NIT is in four parts which are as follows:

(3.) The value of work awarded under the NIT is about Rs. 8000 crores. The dispute herein relates to Part 3 of the NIT in the Eastern Zone. In response to the NIT, the following five intending bidders submitted their offers which are as follows: