PADM COMPUTER SYSTEM Vs. BHARAT SANCHAR NIGAM LTD

JUDGEMENT

(1.) THE petitioner seeks quashing of Annexure P- 15, communication issued by the DGM (Project Vijay), Whether the reporters of Local Papers may be allowed to see the judgement? Yes Bharat Sanchar Nigam Limited (`BSNL' in short) to the petitioner informing him that the reply submitted by Proprietor of M/s.Padm Computers of the query as to whether the experience certificate issued was procured/forged has been found unsatisfactory and thus rejected. THE communication specifies three penalties which could be imposed upon the petitioner which include; (a) Annulling the franchisee agreement (Annexure P-5) executed between the petitioner and the respondents on 30th November, 2010, (b) Forfeiting the guarantee of Rs.one lac furnishing by the petitioner, (c) Debarring the petitioner for the next three years from participating in any Expression of Interest (EoI) floated by the BSNL. THE petitioner also prays for an appropriate writ or direction to the respondents calling upon them to honour the agreement Annexure P-5 and calling upon them to produce the entire record of the case.

(2.) IT is undisputed before me that the petitioner participated in the tender or distributing the BSNL products in Sundernagar. Pursuant thereto, an agreement (Annexure P-5) was entered into between the petitioner and the respondents.

(3.) THE case of the respondents in a nutshell is that the experience certificates, issued by M/s.Pratham Telecom India P.Ltd. (Annexures R-1 and R-2) certifying that the petitioner was the authorized distributor of SAGAM Blue Mobile Phone for Mandi District, H.P., were not issued by this Company. This was confirmed by communication (Annexure R-4) sent by them to the DGM(CSC), BSNL, stating in clear and unequivocal terms that: