MANMOHAN
Bharat Sanchar Nigam Limited – Appellant
Versus
Haryana Telecom Limited – Respondent
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
Delhi Development Authority v. R.S. Sharma and Company
Fateh Chand v. Bal Kishan Das [1964 (1) S.C.R. 515]
Haryana Telecom Ltd. v. Union of India AIR 2006 Delhi 339 : 2006 (90) DRJ 211
Delhi 88 Indian Oil Corporation v. M/s. Lloyds Steel Industries Ltd. 144 (2007) DLT 659
Maula Bua v. UOI [1970(1) S.C.R. 928]
Murlidhar Chiranjilal v. M/s. Harishchandra Dwarkadas AIR 1962 SC 366
Oil & Natural Gas Corporation Ltd. v. Saw Pipes Ltd. (2003) 5 SCC 705
State of Kerala v. United Shippers and Dredgers Ltd. AIR 1982 Ker. 281
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