ORDER

(Heard Through Hybrid Mode)

This application has been filed seeking the following reliefs.

i. Issue a direction that further to the order of the NCLT Division Bench – I, Chennai in IA/1215/CHE/2021 in CP/699/IB/2017, the proceedings in A.F. No: 46 of 2018 before the Arbitration Tribunal of Justice (Retired) K.N. Basha can be continued to be prosecuted in respect of claim of the Applicant against Corporate Debtor and that award if any as may be passed in favour of the Applicant is liable to be enforced against the Corporate Debtor and Auction Purchaser in as much as the Sale of the Corporate Debtor as a Going Concern.

ii. Pass such further or other orders as it may deem fit and necessary and thus render justice.

Facts of the Case

2. Briefly the facts are that the Corporate Debtor, Gemini Communications Limited got a Purchase Order dated 28.06.2010 for Rs.378.0 Crores for supply, installation and commissioning of 2707 BTS across seven circles from BSNL, the Applicant herein. Even after 18 months of issuance of Purchase Order, it completed less than 2% of the project. A show cause notice dated 22.02.2012 was issued to the Corporate Debtor. On 29.03.2012, in CS/207/2012, the Corporate