LAWS(DLH)-2022-12-171

MBL INFRASTRUCTURES LTD Vs. TELECOMMUNICATION CONSULTANTS OF INDIA

Decided On December 20, 2022
Mbl Infrastructures Ltd Appellant
V/S
Telecommunication Consultants Of India Respondents

JUDGEMENT

(1.) This is an appeal preferred under Sec. 37(1)(C) of the Arbitration and Conciliation Act, 1996 ( in short "Act") read with Sec. 13 of the Commercial Courts Act filed by MBL Infrastructure Limited (MBL), challenging judgement dtd. 10/2/2021 passed in OMP (COMM) 507/2020, limited to the setting aside of the Award with respect to Claim No.1 (partially) and Claim No.7 (B) (C) and (D). The prayer clause of the appeal is reproduced here under:

(2.) In brief facts, it is mentioned that Haryana State Roads and Bridge Development Corporation Ltd. (HSRDC) invited tenders for construction of certain flats at Hisar. The respondent, Telecommunication Company India Ltd. (TCIL) submitted the tender on 22/7/2008, which was accepted for a contract price of Rs.32,29,49,874.00 vide letter dtd. 21/8/2008. A performance guarantee up to 5% of the contract was furnished by TCIL to the HSRDC as per the terms of the contract.

(3.) Pleadings were completed; parties led their respective evidence.