CONCEPT COMMUNICATIONS LTD Vs. BHARAT SANCHAR NIGAM LTD

JUDGEMENT

(1.) The appellant (hereafter CCL) has filed the present appeal under Sec. 37(1)(c) of the Arbitration and Conciliation Act, 1996 (hereafter 'the A&C Act ') impugning an order dtd. 20/1/2022 (hereafter 'the impugned order ') passed by the learned Single Judge, whereby CCL 's application under Sec. 34 of the A&C Act, seeking to set aside an arbitral award dtd. 22/9/2021 (hereafter 'the impugned award '), was rejected.

(2.) The respondent (hereafter 'BSNL ') had issued a notice dtd. 12/2/2009, inviting Expression of Interest to empanel agencies for its Out-of-Home (OOH) Media and Advertising activities. CCL, amongst other agencies, submitted its bid. The bids were evaluated and as CCL emerged as the successful bidder, BSNL issued a Letter of Intent (LOI) dtd. 29/5/2009 in its favor. Thereafter, the parties entered into an agreement dtd. 17/9/2009 (hereafter 'the Agreement '), whereby the appellant was empaneled to provide OOH advertising services in several Territorial Circles in India (viz. Maharashtra, Tamil Nadu, Andhra Pradesh, Chennai and Andaman and Nicobar). The said Circles comprised of various Secondary Switching Areas (SSAs).

(3.) Thereafter, BSNL issued a Release Order dtd. 18/9/2009 and awarded the work of "Brand Visibility of BSNL PCO Glow Sign Board (Double Sided) - Backlit and PCO Signage (Flange Double sided) - Nonlit to ensure uniform branding " at a value of Rs.10,78,73,400.00, to CCL. The said Sign Boards are hereafter referred to as "PCO Sign Boards ".