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2009 Supreme(Bom) 1421

A.M.KHANWILKAR, R.G.KETKAR
ACME Tele Power Limited – Appellant
Versus
Union of India Through its Secretary Department of Telecommunications, Ministry of Communications and Information Technology – Respondent


Advocates appeared:
For the Petitioners:Rohit Kapadia with Jimmy Pochkhanwala, Jayesh Desai, Sandeep Narain and Ms. Amrita Thakore i/by M/s.Singhi & Co., Advocates. For the Respondents:R2, V.D. Shukla with S.D. Shukla i/by M/s. Shukla & Associates, R3, V.R. Dhond with Ameya Gokhale i/by M/s.Khaitan & Co., R4, P.N. Mody with Ms. Najma Shaikh i/by M/s.Vigil Juris, Advocates.

Judgment :-

R.G. Ketkar, J.


1. Heard the learned counsel for the parties. Rule. Counsel for the Respondents waive service. By consent rule is made returnable forthwith and the matter is taken up for hearing and final disposal. By this petition under Article 226 of the Constitution of India, the petitioners pray for issuance of the writ of mandamus directing the Respondent No.1 (Union of India) and the Respondent No.2-Bharat Sanchar Nigam Limited (BSNL), to withdraw, recall and cancel the evaluation of the bids carried out by them and revaluate the said bids strictly in accordance with the terms of the tender dated May 1, 2008, issued by the BSNL; for issuance of a writ, order or direction prohibiting the BSNL from taking any steps or awarding any contract to Respondent No.3-KES International Limited and Respondent No.4-GTA Limited. The controversy arises in the following circumstances.


2. On behalf of the BSNL sealed tenders were invited on two stage bidding system in four parts from the eligible bidders for planning, engineering, supply, installation, testing and commissioning of GSM/UMTS based cellular mobile and supply, installation, testing and commissioning of infrastructure

































































































































































































































































































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