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Said MMS project support and maintenance is done by Respondent No.3.

c. While using the MMS software, Purchase section personnel faced technical issue and instructed Respondent No.3 to resolve the same on urgent basis as it is critical and hampering the day to day activity of the Purchase section of CESC. In this regard a letter was also sent to Respondent No.3 on 09.07.2021. Copy of the letter dated 09.07.2021 is produced herewith as Annexure-R2.

d. Representatives of the Respondent No.3 inspected MMS software issue and informed that the issue faced was due to Virus/hardware problem in the computer and replaced the computer/hard disk with a spare from Respondent No.3 until CESC computer is repaired/fixed (as part of the MMS contract) e. CESC officers and Data Entry Operators were using the standby computer supplied by Respondent No.3 for day to day activity of the Purchase section which also includes tendering activities like drafting documents, downloading/uploading documents etc. Hence, author name in the word document was displayed that of Respondent No.3. This was not for the reason that the tender documents were authored by Respondent No.3 as contended by, the Petitioner.