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2024 Supreme(Cal) 945

SHAMPA SARKAR
CMS Computers India Private Limited – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Arindam Chattopadhyay, Lipika Chatterjee, Subhomoy Paul, Soumik Dey, Tapati Saha.
For the Respondents: Atarup Banerjee, Srikumar Chakraborty, Arnab Sardar, Lavanya B. Ananth.

JUDGMENT :

SHAMPA SARKAR, J.

1. The petitioner no. 1 is the resulting company and the petitioner No. 2 is the demerged company, incorporated by a scheme of demerger under the provisions of the Companies Act, 2013 pursuant to an order passed by the National Company Law Tribunal, Mumbai. The scheme of arrangement between the petitioner no. 1 and the petitioner no. 2 was sanctioned by the order of the NCLT, Mumbai dated August 4, 2023. As per the order, the appointed date was April 1, 2022. The petitioner no. 2 participated in the Limited Tender bearing No. 2023/MCI/741539/1 (REP No. EIII/64(6)/Revamp/2021), in February 2023. The tendering authority, upon examination of the bids and the certified copy of the scheme approved by the NCLT, found that the E-governance business, software solution services, digital services, analytics and cloud, datacenter, information security and IT related services of the demerged company had been transferred to the resulting company. It was detected that the demerged company no longer provided the services desired under the limited tender and did not fulfill the terms and conditions of the tender. The tender was also non-transferable as per the Request fo

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