VIBHU BAKHRU
Renewable Energy SysteLtd. – Appellant
Versus
Bharat Sanchar Nigam Ltd. – Respondent
JUDGMENT
Vibhu Bakhru, J. - The petitioner has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter the ‘A&C Act’) challenging the Arbitral Award dated 07.09.2019 (hereinafter ‘the impugned award’). In terms of the impugned award, the claims made by the petitioner were rejected as barred by limitation. The petitioner claims that the said view is ex facie erroneous and the impugned award is vitiated by patent illegality on the face of the record.
Factual Matrix
2. The petitioner is a company incorporated under the Companies Act, 1956 and is, inter alia, engaged in manufacturing and dealing with Solar Photovoltaic Power Sources and other renewable energy technologies.
3. On 20.12.1994, the Department of Telecommunications (DoT), Government of India had invited tenders [Tender Enquiry No. 11-12/94-MMT(RN)] for taking on lease 6380 numbers of Solar Photovoltaic Power Sources (SPPS). The respondent is a government company and is a successor of the Department of Telecommunications.
4. The petitioner submitted its bid pursuant to the aforesaid notice for supplying the SPPS. The petitioner’s bid was accepted and, on 20.10.1995, the respondent is
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