BHARAT SANCHAR NIGAM LIMITED Vs. PARAMOUNT TELECOMMUNICATIONS LIMITED

JUDGEMENT

(1.) Present objection petition has been filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the "Act, 1996") for setting aside the arbitral award dated 16th February, 2009 passed by the sole Arbitrator Shri Prem Kumar in Arbitration Case No.40/2006.

(2.) The relevant facts of this case are that on 12th June, 1998 petitioner-objector floated a tender for purchase of Polythene Insulated Jelly filled (PIJF) telephone cables. Section III of Notice Inviting Tender (hereinafter referred to as "NIT") contains the General (Commercial) Conditions of Contract. Clauses 6 and 13 whereof stipulate with regard to delivery of goods and changes in purchase order as under:

(3.) Section II of NIT contains instructions to bidders. Clause 27 whereof states with regard to advance purchase order and purchase order as under:-