S.MURALIDHAR
Government of India Bharat Sanchar Nigam Limited – Appellant
Versus
Acome – Respondent
(1) WE have heard the learned counsel appearing for both parties.
(2) THE short question which falls for our consideration in this appeal is whether the petition filed by the appellant under Section 34 of the Arbitration and Conciliation Act, 1996 (for short the Act) was barred by limitation.
(3) IN order to appreciate the controversy involved in this appeal it is necessary to give facts. The appellant, then Department of Telecommunications and now Bharat Sanchar Nigam Limited, placed two purchase orders both dated 1st june, 1988 for supply of PIJF cables for Mahanagar Telephone Nigam Limited on the respondent M/s. ACOME. Dispute arose between the parties as according to the appellant some of the supplies were defective while the respondent maintained that the supplies were good and were in fact utilized by the appellant.
(4) THE matter was referred to the arbitral tribunal consisting of three technical experts, namely, Mr. B. R. Nair (Chairman of the Tribunal), mr. T. Narayanamoorthy, the arbitrator nominated by the respondent and Mr. Ranbir khanna, the arbitrator nominated by the appellant. Majority arbitrators, namely, Mr. B. R. Nair and Mr. T. Narayanamoorthy, made an
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