JUDGMENT

Sachin Datta, J. (Oral)

IA No.19197/2023 (Exemption)

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

CAV 509/2023

3. Since, learned counsel for the respondent has entered appearance, the caveat stands discharged.

O.M.P. (COMM) 405/2023

4. The present petition under Section 34 of the Arbitration and Conciliation Act, 1996 impugns an arbitral award dated 16.06.2023. The said award has been passed in the background of an NIT dated 13.04.2016 issued by the petitioner in respect of survey, planning, supply, installation, testing, commissioning, integration with existing core network and Operation and Maintenance for five years (extendable by two years) of 2G GSM BSS Network in uncovered villages of Arunachal Pradesh and Karbi Anglong and Dima Haso Districts of Assam alongwith VSAT, HUB and radio back haul.

5. Pursuant to the above tender, the respondent/claimant's bid was accepted on 25.04.2017 and the respondent/claimant was declared as the successful L1 bidder. It was the case of the respondent/claimant before the learned sole arbitrator that advance pre-planning and preparation was required even in the course of finalization of the bid as the area in wh