JUDGMENT :

A. Background Facts:-

1. The instant petition has been preferred under Section 11 (6) of the Arbitration and Conciliation Act, 1996 by the petitioner-company who is a member of a Consortium comprising of Pawanshree Foods International Pvt. Ltd. and Nanotrics Innovations Pvt. Ltd. The aforesaid two companies along with the present petitioner company had jointly made a bid for a contract floated by the Department of Medical Health and Family Welfare, Government of Uttar Pradesh, for implementation of Tele Medicine Services in the State of Uttar Pradesh.

2. Proposals were invited and a request for qualification (RFQ) cum (Request for proposal) (RFP) along with instructions to bidder (tender document) inviting bids from bidders for the implementation of telemedicine services in the State of Uttar Pradesh. The said tender document in Clause 2.1.1 permitted the bidder to submit only one technical proposal for video consultation services and/or Tele-Consultation Services and submit separate financial proposals for each cluster for video consultation services and tele-consultation services on E-tender portal. It permitted the bidder to bid as an individual or as a member of Consort