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2010 Supreme(Del) 880

MANMOHAN
Bharat Sanchar Nigam Limited – Appellant
Versus
Haryana Telecom Limited – Respondent


Advocates Appeared:
S.L.Uppal, Mithu Jain, Narender Sharma , Sanjeev Narula

Manmohan, J (ORAL):-

1. Present batch of three petitions has been filed under Section 34 of Arbitration and Conciliation Act, 1996 (hereinafter referred to as “Act, 1996”) challenging the three arbitral Awards dated 19th June, 2007 passed by the same sole Arbitrator.

2. Briefly stated the facts of these cases are that petitioner-objector is a provider of telephone services in this country. Polythene Insulated Jelly Filled (in short “PIJF”) telephone cables are laid underground and are used by petitioner-objector to provide telephone connections.

3. Petitioner-objector floated tenders for supply of PIJF cables for various circles. After opening of tenders, respondent-claimant”s offers were accepted. In pursuance thereto, petitioner-objector issued separate Letter of Intents allocating different quantities of cables for various circles. Subsequently, petitioner-objector issued separate Purchase Orders to respondent-claimant.

4. Admittedly, respondent-claimant did not supply PIJF cables within the contracted period. At respondent-claimant”s request, the time for supply of PIJF cables was extended subject to levy of liquidated damages.

5. Thereafter petitioner-objector levied liquidated dam











































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