1. We have heard learned counsel appearing for the parties.

2. This Special Appeal arises out of the judgment of learned Single Judge, dated 10.02.2014, by which he has disposed of the writ petition in the light of the settlement dated 08.08.2013, entered into between the parties and reproduced in the judgment. It was held that:-“Now the petitioner and the respondent Nos.1 to 3 would be governed by the settlement dated 08.08.2013.”

3. Brief facts, giving rise to the writ petition, are that the Jaipur Vidhyut Vitran Nigam Limited(JVVNL), floated a tender through tendering system for the work, “To operate photo spot energy bill generation system at Sub-division level in different areas of Jaipur Discom/JVVNL” for a period of three years. The Notice Inviting Tender (NIT) laid down various conditions for qualification of the bidders, to be followed for the purpose of selecting the bidder to carry out the work. The conditions were alleged to be flexible since the JVVNL reserved its rights to allow the bidders, who were not strictly covered by the conditions notified in the tender, and had marginal difference in the eligibility criteria.

4. Under Clause 8.7 of the tender, minimum three eligible bidders were required to be qualified in the technical bid for opening the financial bid. At the time of evaluation of the technical bid, there were only three bidders, namely M/s N Soft Pvt. Ltd.,- appellant, who was respondent No.4 in the writ petition; M/s BCITS Pvt. Ltd., who was the petitioner in the writ petition; and M/s Data Infosys Pvt. Ltd., who was respondent No.3 in the writ petition. All the three bidders participated in the bidding. The appellant was found marginally short in the eligibility of turover of Rs.30 crores. It had a three years turnover of Rs.29.70 crores. Since the appellant was marginally short in eligibility which was insignificant, the Corporate Level Purchase Committee had allowed him to participate in the bidding.

5. In the financial bid, the prices quoted by M/s Data Infosys were found lowest and it stood at L-1; the prices quoted by the appellant, M/s N Soft were found second lowest and it stood at L-2; and the prices quoted by M/s BCITS were highest, and thus it stood at L-3. On 09.04.2013, the bid submitted by M/s Data Infosys was accepted and the Letter of Intent(LOI) was issued in its favour. A writ petition was filed by M/s BCITS Pvt. Ltd. (L-3), challenging the eligibility of both, L-1 and L-2, and also the order of the JVVNL, dated 08.03.2013, whereby the appellant was allowed to participate in the final bidding, including challenge to the Letter of Intent dated 09.04.2013.

6. On 07.08.2013, learned Single Judge directed the parties to settle the dispute amicably and for that purposes, a joint meeting was ordered to be convened on 08.08.2013 between the petitioner (L-3), the official respondents and M/s Data Infosys (L-1). The order dated 07.08.2013, passed by learned Single Judge is quoted as below:-

“Heard the parties for sometime and looking to the nature of the dispute which has been brought to notice of the court, this court is of the view that there is full possibility of resolving the dispute, if the parties sit together across the table. However, it will always reserve their rights to assail in the pending petition and before examining the matter any further on merits, this court considers it appropriate that let the authorized representatives of the petitioner and the respondent-3 with the Director (Technical) & Director(Finance) of Jaipur Vidyut Vitran Nigam Ltd. may hold a joint meeting tomorrow i.e. 08.08.2013 at 5.00 PM and this court be informed about the final outcome of their deliberation.

Let the matter may come up before the court on 12.08.2013, as prayed.”

7. On 08.08.2013, a joint meeting was held and the work was agreed to be distributed amongst M/s BCITS Pvt. Ltd. (L-3) and M/s Data Infosys (L-1), in the ratio of 47% : 53%. It is admitted the appellant M/s N Soft (L-2) w