BHARAT BROADBAND NETWORK LIMITED Vs. UNITED TELECOMS LIMITED

JUDGEMENT

(1.) Leave granted.

(2.) The present appeals raise an interesting question as to the interpretation of Section 12(5) of the Arbitration and Conciliation Act, 1996 ["Act"].

(3.) The appellant, Bharat Broadband Network Ltd. ["BBNL"], had floated a tender dated 05.08.2013 inviting bids for a turnkey project for supply, installation, commissioning, and maintenance of GPON equipment and solar power equipment. The respondent was the successful L1 bidder. The appellant issued an Advance Purchase Order ["APO"] dated 30.09.2014. Clause III.20.1 of the General (Commercial) Conditions of Contract ["GCC"] provides for arbitration. The said clause reads as under: