Point of Law: Section 28(1)(b) of A&C Act is reproduced as Rules applicable to substance of dispute Where the place of arbitration is situate in India.

ORDER :

1. The Petitioner/Plaintiff is before this Court seeking for the following reliefs:

WHEREFORE, in light of the above, it is most respectfully prayed that this Hon'ble Court be pleased to:

A. Set aside the Arbitral Award dated 07.10.2021 passed by the Sole Arbitrator, the Second Respondent herein, in entirety;

B. Call for records of the arbitration proceeding from the Second Respondent; and,

C. Grant such other orders or reliefs as this Hon'ble Court deems just and equitable, including costs of the proceedings.

2. The Respondent herein was the Claimant before the Arbitral Tribunal. The Respondent had sought for the following reliefs before the Tribunal:

109. In the above facts and circumstances, it is most respectfully prayed that this Hon'ble Arbitral Tribunal may graciously be pleased to pass:

a. an Award in favour of claimant directing the respondent to pay the sum of INR 130,95,59,986.01 (Rupees One Hundred Thirty Crores ninety five Lakhs fifty Nine Thousand nine Hundred eighty six and Paise one only) towards Annual Comprehensive Repair Charges for the Tender Quantity and the Reservation Quantity Order under Proforma Invoices and Invoices set out in Paras 88 and 89 herein-before;

b. an Award directing the respondent to pay interest @10% per annum from the due date till 14 December 2020 in the sum of INR 38,67,68,675.32 (Rupees Thirty Eight Crores sixty seven lakhs sixty eight thousand six hundred and seventy five and paise thirty two only);

c. an Award directing the respondent to pay pendente lite and future interest @ 10% per annum from 14 December 2020 till the date of actual realization;

d. an Award of costs in favour of the claimant; and

e. such other reliefs as this Hon'ble Arbitral Tribunal may deem fit and proper in the facts and circumstances of the present case.

3. Alphion Corporation who is the Respondent herein was the Claimant before the arbitral Tribunal and is hereinafter referred to as Alphion and/or Claimant; ITI Limited who is the plaintiff in this proceeding was the respondent before the Arbitral Tribunal and is hereinafter referred to as ITI Limited and/or respondent.

4. Alphion claims to be a leading provider of Broadband solutions for business and communities supporting large Network Operators, Small and medium Enterprises and community Networks with latest fiber Optic and Broadband Access technologies which develops, manufactures and sells Telecommunication products and provides after-sale services. It is stated that Alphion and ITI had entered into a Technical Collaboration Agreement dated 26.10.2007 [hereinafter for brevity referred to as ‘TCA’] whereunder the parties wanted to explore the various business opportunities available in India to supply the products listed in the TCA.

5. Alphion and ITI being interested in jointly pursuing such business opportunities with a view to manufacture, market and/or sell, install, commission and maintain contract projects for Bharat Sanchar Nigam Limited [BSNL], Mahanagar Telecom Nigam Limited [MTNL] and other mutually agreeable telecom services providers worldwide.

6. In terms of the TCA, Alphion and ITI were to cooperate and coordinate with each other to market the products, the term of the TCA being seven years. It was the responsibility of Alphion to ensure that the contract products complied with the applicable tender/specification and it was the obligation of ITI to assemble and manufacture the contracted projects for the purpose of marketing and supplying the same, as regards which a non-exclusive, nontransferable, non-sublicensable license was issued by Alphion to ITI. Apart therefrom there are various terms and conditions which were agreed upon in the TCA for the purpose of achieving the aforesaid object.

7. The purpose of execution of the TCA apparently was for the reason that ITI being a public sector undertaking would have a Reservation Quota (RQ) and a Tender Quantity (TQ) in respect of tenders which are issued by other public sector undertakings within the