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2021 Supreme(Del) 1920

VIBHU BAKHRU
Score Information Technologies Limited – Appellant
Versus
GR Infra Projects Limited – Respondent


Advocates appeared:
Amar Dave, Advocate, Gautam Narayan, Advocate, Pankaj Jain, Advocate, H.S. Chandhok, Advocate, Rajan Raj, Advocate, Shikha Thakur, Advocate, Hriday Kochhar, Advocate

JUDGMENT

Vibhu Bakhru, J. - The petitioner has filed the present petition under Sections 14 and 15 of the Arbitration and Conciliation Act, 1996 (hereinafter the 'A&C Act'), inter alia, seeking that the mandate of the learned Sole Arbitrator appointed by the respondent be terminated. According to the petitioner, the learned Arbitrator is de jure unable to act as an Arbitrator under the A&C Act.

2. The disputes between the parties arise out of a contract whereby the respondent had sub-contracted the work of "Trenching, Laying Installation, Testing of Optical Fiber Cable, PLB-Duct and accessories for construction of exclusive optical NLD backbone and optical access routes on turnkey basis for Defence Network for specified part of Package F totaling to 224 Km (approx.) in the State of West Bengal."

3. Bharat Sanchar Nigam Limited (hereinafter 'BSNL') had invited tenders (Tender No. CA/CNP/NFS OFC/T-441/2013) for procurement, supply, trenching, laying, installation, testing and maintenance of optical fiber cable, PLB duct and accessories for construction of exclusive optical National Long Distance ('NLD') backbone and optical access routes on turnkey basis for the defence network. The ten

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