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2008 Supreme(Del) 150

T.S.THAKUR, VEENA BIRBAL
NUMERO UNO INTERNATIONAL LTD. – Appellant
Versus
PRASAR BHARTI – Respondent


Advocates Appeared:
Mr. Arun Jaitley, Sr. Adv. with Ms. Bina Madhvan, Mr. Hemal K. Sheth, Advs.
Mr. Rajeev Sharma, Mr.Abhishek Birthray, Mr. N.R. Mohapatra, Advs.

THAKUR, J.

Based entirely on the admissions of the appellant company, Justice S.C. Aggarwal, a former Judge of the Supreme Court of India has, acting as sole arbitrator, passed an interim award directing the appellant herein to pay to the respondent Prasar Bharti the admitted amount of Rs.7.69 crores outstanding against the former. Aggrieved by the said interim award, the appellant filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 before a Single Judge of this Court who has dismissed the same by his order dated 20th August, 2007. The learned Single Judge was of the opinion that the arbitrator had given cogent reasons for making an interim award in favour of the respondent. He repelled the contention urged on behalf of the appellant that the provisions of Order 12 Rule 6 of the CPC were not applicable and declared that the arbitrator was competent to make an interim award on the admissions of the parties contained either in the pleadings or in the correspondence exchanged between the parties. The Court relied upon two letters, one dated 17th May, 2001 and the other dated 31st May, 2001 to hold that a candid admission had been made by the appellant c




























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