PERCEPT ADVERTISING LTD. Vs. BHARAT SANCHAR NIGAM LTD

JUDGEMENT

(1.) The petitioner (hereafter 'Percept') has filed the present petition under Sec. 34 of the Arbitration & Conciliation Act, 1996 (hereafter the 'A&C Act') impugning the Arbitral Award dtd. 18/9/2012 (hereafter the 'impugned award') rendered by an Arbitral Tribunal comprising of a Sole Arbitrator. The impugned award was rendered in the context of the disputes that have arisen between the parties in connection with an Agreement dtd. 5/6/2009 ('the Agreement').

(2.) Percept is a company engaged in the business of providing advertising services such as advertising strategy and implementation, designing and conceptualization of advertising through various modes. The respondent (hereafter 'BSNL') is a government company and is engaged in the business of providing telecom services throughout the country except the metro cities of Delhi and Mumbai.

(3.) BSNL had invited Expression of Interest (EOI No.12-2/08-Mktg) on 11/7/2008 for empanelling agencies for its advertising and publicity activities. Percept had submitted its bid. After technical evaluation of the bids, Percept was declared as the successful bidder and BSNL empanelled it as an advertising agency. Thereafter, on 5/6/2009, the Agreement was executed between the parties.