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2017 Supreme(Del) 4115

GITA MITTAL, C.HARI SHANKAR
Mahanagar Telephone Nigam Ltd. – Appellant
Versus
Finolex Cables Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Abhinav Vashisht, Sr. Adv. With Ms. Tanmishtha Singh, Ms. Priya Chauhan and Ms. Rishita Mall, Advs.
For the Respondent: Mr. Atul Chitale, Sr. Adv, with Mr. Nitin Tambwekar, Mr. Gurjyot Sethi, Ms. Shivangi Khanna and Ms. B.S. Rai, Advs.

JUDGMENT :

GITA MITTAL, J.

1. The present appeal, filed under Section 37 of the Arbitration and Conciliation Act, 1996 read with Section 10 of the Delhi High Court Act, 1966 by the Mahanagar Telephone Nigam Limited (‘MTNL’ hereafter), challenges the order dated 11th April, 2017 passed by the ld. Single Judge on the original side of this court accepting objections filed by the Finolex Cables Limited (‘FCL’ hereafter) against the arbitral award dated 18th August, 2009 passed by the sole arbitrator in a dispute between FCL and MTNL.

To the extent necessary, we first note the facts giving rise to the present appeal.

2. MTNL had entered into a contract dated 11th July, 1990 with FCL for supply of following four sizes of Jelly Filled Cables (JFCs) :

S. No.

Items

Unit Price

Total Price

1.

20/6 Armoured U/s Jelly Filled Cable

65,102.00

9,76,530.00

2.

50/6 Armoured U/s Jelly Filled Cable

1,08,8520.50

10,88,525.00

3.

400/6 Armoured U/s Jelly Filled Cable

5,84,820.00

23,29,280.00

4.

2400/4 Armoured U/s Jelly Filled Cable

12,93,946.7
























































































































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