( 1 ) THIS is a petition under Section 34 of the Arbitration and Conciliation Act, 1996, ( in short the "act) praying for setting aside the Award dated 28. 11. 2002. In fact, what is sought to be set aside is an undated majority Award rendered by the two Arbitrators namely Justice D. R. Khanna (Retd.) and Justice M. H. Kania (Retd.) because the petitioner herein actually supports the Award rendered by Mr. Justice R. C. Srivastava (Retd.) on 28. 11. 2000.

( 2 ) THIS petition presents a rare and somewhat piquant situation arising out of the arbitral proceedings and the Award, therefore, it is necessary to recapitulate them in some greater details than which is generally noted while disposing of an application/objections under Section 34 of the Act in normal cases. The undisputed facts are that in the month of May, 1993, the petitioner-Mahanagar Telephone nigam Ltd. (MTNL) floated a Tender, bearing Tender Enquiry No. MTNL/20-95 (5), 93-MM, dated 25. 5. 1993 for supply of 105 Nos. of 565 Mbps and 155 Nos. of 140 mbps Optical Fibre Systems and 1672 Kms of 12 Fibre Optical Cable with jointing material and accessories. The equipments to be supplied were inter alia against t