M S RST SEMICONDUCTORS PRIVATE LTD vs BHARAT SANCHAR NIGAM LTD BSNL

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 26.09.2025 Judgment delivered on: 08.10.2025 + W.P.(C) 15032/2025, CM APPL. 61924/2025, CM APPL. 61925/2025 & CM APPL. 61926/2025 M S RST SEMICONDUCTORS PRIVATE LTD .....Petitioner versus BHARAT SANCHAR NIGAM LTD BSNL .....Respondent Advocates who appeared in this case: For the Petitioner: Mr. Abhimanyu Bhandari, Sr. Advocate with Mr. Arjun Syal, Mr. Shreyan Das and Mr. Indhirajith Prabhakaran M., Advocates For the Respondent: Ms. Leena Tuteja and Ms. Ishita Kadyan, Advocates for BSNL. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA JUDGMENT TUSHAR RAO GEDELA, J. 1. Present petition has been filed under Article 226 of the Constitution of India, 1950, seeking setting aside of the Order bearing no. BSNLCOMMT/14/4/2025-MMT dated 24.09.2025, issued by the Respondent in Tender No.MM/NWP-GSM/5G USIM/T-848/2025 on 13.05.2025, and further seeks a direction to the respondent to proceed with the opening of the financial bid fairly and transparently in accordance with the terms of the said tender. The petitioner also seeks setting aside of the Tender No.MM/NWP- GSM/5G USIM/T-860/2025 issued on 24.09.2025 by the respondent (hereinafter referred to as “New Tender”). Signature Not Verified Digitally Signed W.P.(C) 15032/2025 Page 1 of 6 By:YASHRAJ Signing Date:08.10.2025 18:19:38 2. It is stated that on 13.05.2025, the respondent issued Tender No. MM/NWP-GSM/5G USIM/T-848/2025 for the supply of 1 crore 128k re- pluggable (2ff+3ff+4ff) 5G NSA-ready SIM/USIM cards for BSNL customers in different Circles (hereinafter referred to as the “NIT”). In terms of the NIT, the final date for bid submission was 03.06.2025, with bids mandatorily required to be submitted online and in sealed form. 3. It is the