These are two petitions under Section 34 of the Arbitration and Conciliation Act, 1996 (‘Act’) filed by Mahanagar Telephone Nigam Limited (‘MTNL’).

2. OMP No. 11 of 2014 challenges an Award dated 26th August, 2013 passed by the sole Arbitrator whereas OMP No. 380 of 2015 challenges an additional Award dated 21st January, 2015 by the same learned Arbitrator.

Background facts

3. Both Awards were passed in the disputes between MTNL and the Respondent, M/s. Motorola Inc. (‘Motorola’), arising out of a Letter of Intent (‘LOI’) dated 11th January, 2000 for “50K lines of CDMA IS-95 A, WLL equipment project in MTNL Delhi telephone on Turnkey for survey, design and supply of equipment, installation, testing, commissioning, making over system to consignee, training, providing AMC etc, as per the details in Annexure-1 & Anexure-2 of the said LOI.”

4. Motorola was also required to supply spares sufficient for maintenance. The total value of the Purchase Order (‘PO’) was Rs. 50,66,40,322. The contract was to conclude with the issue of the Taken Over Certificate (‘TOC’) by MTNL.

5. In terms of the LOI, Motorola furnished a Performance Bank Guarantee (‘PBG’). MTNL issued a PO dated 7th March