- (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: i) Part 1 = covers planning, engineering, supply, installation, testing and commissioning of GSM based cellular network together with 3GPP R4 Core, IMS, IN and VAS. ii) Part 2 = covers the planning, engineering of 3G network and MBMS. iii) Part 3 = covers supply, installation, testing and commissioning of infrastructure and associated items for radio sites. iv) Part 4 = covers the OSS/BSS.
(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: i) KEC International Ltd. (KEC for short), writ petitioner No. 1. ii) ACME Tele Power Ltd. (ACME for short), the respondent No. 3 herein. iii) Aster Teleservices Ltd., iv) Nextera Telecom Pvt. Ltd., v) GTL Ltd.;