JUDGMENT

Sabyasachi Bhattacharyya, J. - Upon succeeding in a tender floated by the Bharat Sanchar Nigam Limited (BSNL) for the purpose of outsourcing maintenance and provisioning of landline and broadband for external plant of copper network in CTD under Business Area-West, the petitioner was awarded a contract.

2. Sub-clause 3.6(b) of the said contract provides that the contract will be terminated and PBG forfeited upon non-performance and failure to meet all the SLAs, that is, MTTR, Provisioning, fault clearance and repeat fault parameters for consecutive three months. It was further stipulated in the said clause that notice shall be served for non- performance in the first month, second month and third month before final termination.

3. It is contended that although the petitioner gave written replies to each of the three notices issued by the respondent-Authorities, none of those was considered by the respondents.

4. It is submitted that the respondent-Authorities asked the petitioner to continue the work, while in the same breath issuing show-cause notices on allegations of faults on the part of the petitioner.

5. Learned counsel for the petitioner places reliance on the several re