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June 2, 2001
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HC quashes Alcatel plea against MTNL

Vidisha Barua

The Delhi High Court on Friday dismissed a petition filed by Alcatel against MTNL saying there was no binding contract between them and so a writ of mandamus could not be issued. A division bench comprising justices Anil Dev Singh and O P Dwivedi gave the judgement.

MTNL had invited bids for managed-leased lines data network. The financial bid was open on August 31, 2000. Alcatel, ITI and HTL filed their tenders. Tel Labs was to provide technology to both ITI and HTL. Alcatel's bid was the lowest at Rs 630 million, ITI's was at Rs 1.39 billion and HTL's Rs 1.87 billion, according to a source.

On September 8, 2000, MTNL issued a letter of intent in favour of Alcatel, which directed Alcatel to give a performance bank guarantee and sign each page of the letter of intent that was to be returned. On September 13, Alcatel sent its acceptance along with the performance bank guarantee. After this, the purchase order was to be issued by MTNL.

At this stage, it has been alleged that MTNL received a letter dated September 21 from minister of state for communications Tapan Sikdar's additional private secretary directing it not to issue the purchase order. MTNL, though an autonomous body, acted on it and withheld the order, said the source. The present petition by Alcatel challenged that action.

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