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2015 Supreme(Del) 479

S.MURALIDHAR
Canara Bank – Appellant
Versus
Bharat Sanchar Nigam – Respondent


Advocates Appeared:
For the Petitioner:Pradeep Dewan, Senior Advocate with Ms. Anupam Dhingra, Advocate.
For the Respondents:R1, Chandan Kumar with Shankar Kumar Jha, R2, C.S. Gupta, Advocates.

JUDGMENT

S. MURALIDHAR, J.

1. The Petitioner Canara Bank challenges an Award dated 22nd November 2012 passed by the sole Arbitrator in the disputes between it and Bharat Sanchar Nigam Ltd. (‘BSNL’), Respondent No.1. Renewable Energy Systems Ltd. (‘RESL’), Respondent No 2 was also party to the arbitration proceedings as co-claimant.

Background facts

2. The background to the present petition is that Canara Bank financed the manufacture of 9070 Solar Power Generating Systems (‘SPGS’) by RESL and supplied to BSNL in terms of a tripartite Master Lease Agreement (‘MLA’) dated 19th February 1998.

3. Under the MLA, the SPGS on being manufactured by RESL were in the first instance to be sold to Canara Bank at the agreed rate of Rs.21,200 per unit and then given on lease to BSNL for a fixed period of five years in terms of the conditions stipulated in the MLA. The SGPSs were to be installed by RESL at different stations, after the destination details were provided by BSNL.

4. Canara Bank states that it disbursed to RESL Rs.11,99,70,534.19 to meet the costs of manufacturing of the SPGS. According to Canara Bank pursuant to the MLA, only 1000 units of value of Rs.2.12 crores were commissioned. The











































































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