- (1.) M. Katju, J. This writ petition has been filed for a writ of certiorari to quash the Cellular Service Dealership Agreement approved by Respondent No. 2 in favour of respondent No. 4 on 24-8-2002.
(2.) HEARD learned Counsel for the parties. We had passed an interim order in this case on 1-10-2002 directing respondents not to finalize the dealership. The facts of this case are that Bharat Sanchar Nigam Ltd. (hereinafter referred to as BSNL) the Respondent No. 1 is a Public Sector Undertaking incorporated under the Indian Companies Act and is engaged in providing telecommunication facilities all over the country. The petitioner is a registered Private Limited Company with its office at 20, M. G. Marg, Civil Liens, Allahabad which is carrying on the distributorship of various products of M/s. Godrej Company for the last 12 years apart from other business. The respondent No. 1 decided to start Cellular Telephonic Service in U. P. (East) including District Allahabad, and for this purpose BSNL decided to appointed dealers and distributors for different cities and areas including District Allahabad. The difference between a Dealer and a Distributor is that the Distributor sells pre-paid products and services whereas the Dealer sells and post-paid services.
(3.) FOR the purposes for appointment of Dealers/distributors the Respondent No. 1 published an advertisement/notice on 11-7-2002 inviting tenders for different cities and areas including District Allahabad. True copy of the Advertisement/notice has been annexed as Annexure 1 to the writ petition. In pursuance of the aforesaid tender notice the petitioner applied for appointment of Dealership in District Allahabad. The petitioner filled up the tender from land deposited the same in the office of Respondent No. 3 on 30-7-2001 within the time prescribed and the Director of the petitioner's firm personally attended the tender opening for Technical Bid on 30-7-2002 at the office of Respondent No. 3. It is alleged in paragraph 8 of the writ petition that 16 participates submitted their Technical Bids for the Allahabad Dealership including the petitioner on 30-7-2002. The petitioner deposited the required documents including Bank Guarantee of Rs. 2. 00 Lakh as per the demand mentioned in the Tender/notice. True copies of the Tender, Financial Bid as well as Technical Bid have been annexed as Annexures 2, 2-A and 2-B respectively to the writ petition.;