networking portion was
proprietary to only one Original Equipment Manufacturer (OEM) i.e.
CISCO excluding thereby competition from other bidders. In fact ... specifications such as "the bidder or its
parent company shall be OEM of Provider Routers and all type of
Provider Edge Routers
lacks
territorial jurisdiction to entertain the present suit as representative of the
OEM ( Original Equipment Manufacturer Bonton) had approached the
defendant at its office situated ... Ghaziabad UP, where POs were
obtained by the Official of the OEM and handed over to the plaintiff
whereafter supply of the materials
defendant used to procure
orders and introduce its clients /OEM to the plaintiff and plaintiff used
to receive amount directly from OEM after supplying ... material
directly to OEM and then used to reimburse the commission to the
defendant. Later on, the understanding /agreement changed between
the parties
lacks
territorial jurisdiction to entertain the present suit as representative of the
OEM ( Original Equipment Manufacturer Bonton) had approached the
defendant at its office situated ... Ghaziabad UP, where POs were
obtained by the Official of the OEM and handed over to the plaintiff
whereafter supply of the materials
alia on the ground
that Sh. Ravi Kant Sharma, representative of the OEM M/s
Bonoton had approached the defendant at her office situated ... Agra, U.P., where POs were obtained by the official of the OEM
and handed over to the plaintiff. The supply of the materials
applicable as per scope of supply) was to be carried out by
OEM / OEM certified resource or OEM authorized Reseller.
i) As per scope ... Brand: Taurus
Brand Type: Unbranded
i Catalogue Status: Catalogue not verified by OEM 40 No 58,240 23,29,600
Selling As: Reseller not Verified
averred that the plaintiff is an Original
Equipment Manufacturer (OEM) and is engaged in
the business of manufacturing and trading of
telecommunication and networking equipments ... criteria as prescribed under
the Tender:
"1.1 In case Bidder is OEM:
1.1.1. The Bidder should have successfully
supplied at least Ninety
acquired a status of major supplier to original equipment
manufacturers (OEMs) in India and over a span of three decades,
it has grown from small ... crank case, engine parts, grip engine parts etc. to
Original Equipment manufacturers (OEMs) in India and has been
able to position itself
defendant has received numerous complaint from his customers
who are OEMs and because of sub standard product supplied by
Digitally
signed by
KIRAN
KIRAN BANSAL ... have replaced the material to the vendors i.e.
my OEMs and had not taken the same back from
my vendors. Therefore, the same were
supply of the material including the warranty certificates issued by the
OEM.
14. It is further contended that the Plaintiff sent the warranty
certificate ... completed for the material. The Defendant also
reiterated to provide the OEM warranty certificate and TEC certificates.
Defendant further reiterated to the Plaintiff through
