Bharat Sanchar Nigam Limited vs Canara Bank

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 5895

MINI PUSHKARNA
Bharat Sanchar Nigam Limited – Appellant
Versus
Canara Bank – Respondent

Advocates appeared:
Mr. Arvind K. Nigam, Senior Advocate with Mr. Samdarshi Sanjay and Mr. Ashish Kumar Sharma, Advocates, for the Petitioner.
Mr. Pradeep Dewan, Senior Advocate with Ms. Anupam Dhingra, Advocate, for R-1.
Mr. Shashank Garg and Ms. Nishtha Jain, Advocates, for R-2.

Table of Content
1. breach of contract and disputes arise (Para 1 , 2 , 3 , 4 , 5 , 6)
2. first arbitration findings and directives (Para 8 , 9 , 10 , 11 , 12)
3. second arbitration challenges and outcomes (Para 15 , 16 , 17 , 18 , 19 , 20)
4. third arbitration award details (Para 21 , 22 , 23)

JUDGMENT

Mini Pushkarna, J.

Facts of the case:

1. The present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (" ARBITRATION ACT ") has been filed by the petitioner against the Arbitral Award dated 28th June, 2016 ("Third Award") passed by the learned Sole Arbitrator in the third round of arbitration proceedings between the parties.

2. Pursuant to Tender Notification issued by the petitioner/Bharat Sanchar Nigam Limited ("BSNL"), earlier known as the Department of Telecommunication ("DoT"), Government of India, respondent no. 2/ Renewable Energy Systems Limited ("RESL") was declared as a successful bidder for manufacture and supply of 9070 units of Solar Power Generating Systems ("SPGS"). In order to carry out the contract, the respondent no. 2 approached the respondent no. 1/Canara Bank for grant of finance and credit facilities in order to procure the material for supplying

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2023 Supreme(Del) 5895

MINI PUSHKARNABharat Sanchar Nigam Limited – AppellantVersusCanara Bank – Respondent

Cases Referred (33)

MINI PUSHKARNA
Bharat Sanchar Nigam Limited – Appellant
Versus
Canara Bank – Respondent