S. RAVINDRA BHAT, J.

1. The petitioner, a foreign company, is aggrieved by its ouster from the tender process, by the first respondent (the Union Government of India, hereafter “the Union”) and the rejection of its bid, for procurement of 12.7 mm stabilized Remote Control Guns (hereafter referred to as "SRCGs") with ammunition and accessories and Transfer of Technology (hereinafter referred to as "ToT") to Ordnance Factory Board.

2. The necessary facts are that a Request for Proposal (hereinafter referred to as "RFP") in respect of procurement of 12.7 mm stabilized SRCGs with ammunition and accessories to Ordnance Factory Board (hereafter "OFB") was issued on 24.10.2013 to M/s. EMDigital, U.K, i.e., the Petitioner; M/s. Elbit Systems, Israel (the second respondent “Elbit”) and five other vendors. Techno-Commercial bids were received from the Petitioner, Elbit and M/s. OTO Melara, Italy. Subsequently, the equipment fielded by the Petitioner and M/s. Elbit Systems, Israel cleared Field Evaluation trials conducted from 25.03.2015 to 12.05.2015 following which the Staff Evaluation was conducted on 09.07.2015. In this process, the Petitioner and Elbit were determined as complian