BHARAT SANCHAR NIGAM LIMITED Vs. TERACOM LIMITED

JUDGEMENT

(1.) The petitioner (hereafter 'BSNL ') has filed the present petition under Sec. 34 of the Arbitration and Conciliation Act, 1996 (hereafter 'the A&C Act ') impugning an arbitral award dtd. 28/6/2019 delivered by an Arbitral Tribunal constituted by a Sole Arbitrator (hereafter the 'Arbitral Tribunal ').

(2.) On 15/7/2010, BSNL had issued a Notice Inviting Tenders (NIT), being no. MM/NWP-CDMA/072010/000393, for purchase of 9,80,000 units of Integrated Fixed Wireless Terminal Devices (IFWT), CDMA Terminals. The respondent (hereafter 'Teracom ') participated in the said tender and was declared as the successful bidder.

(3.) Accordingly, BSNL issued an Advance Purchase Order (hereafter 'APO ') on 2/12/2010, in favour of Teracom for purchase of 3,75,000 units of WLL CDMA 2000 1x IFWTs. In terms of the APO, on 18/12/2010, Teracom furnished a Performance Bank Guarantee bearing number 21641LG025810 for an amount of ?2,12,97,000/-, which was valid for a period of three years.