JUDGMENT :

PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act, to set aside the order passed in W.P(MD)No.9045 of 2010, dated 31.08.2010 and to allow the above writ appeal.

Midas Communication Technology, who is the respondent in this appeal, being aggrieved by the foreclosure order passed by the BSNL, has approached this Court seeking mandamus to direct the BSNL to issue acceptance certificate to the writ petitioner and receive the materials readily available with the petitioner as per the specification of the BSNL.

2. The brief facts of the case are that:-

BSNL invited tender for supply of Digital Wireless Access System with Broadband Internet Access based on the generic requirements as specified by the TELECOM Engineering Centre named as Enhanced Digital Wireless Access System (hereinafter referred to as 'EDWAS').

(ii) Midas Technology was the successful bidder when the bid was opened on 07.02.2007. Accordingly, tender was awarded to Midas Technoloy and the Advance Purchase Order (APO) was issued on 05.10.2007. Some of the important terms of the contract as found in the Advance Purchase Order is that the project has to be completed within 150 days and if there is any dis