LAWS(DLH)-2017-4-116

FINOLEX CABLES LIMITED Vs. MAHANAGAR TELEPHONE NIGAM LTD.

Decided On April 11, 2017
FINOLEX CABLES LIMITED Appellant
V/S
MAHANAGAR TELEPHONE NIGAM LTD. Respondents

JUDGEMENT

(1.) Finolex Cables Limited ('FCL') has filed this petition under Sec. 34 of the Arbitration and Conciliation Act, 1996 ('Act') challenging an Award dated 18th Aug. 2009 by the sole Arbitrator in the disputes between FCL and the Respondent Mahanagar Telephone Nigam Ltd. ('MTNL') arising out of an order dated 20th Dec. 1990 placed by MTNL on FCL for supply of U/S Jelly Filled Cable ('JFC').

(2.) The aforementioned order was in respect of the following four sizes of JFC: <FRM>JUDGEMENT_116_LAWS(DLH)4_2017.html</FRM>

(3.) The terms and conditions attached to the purchase order ('PO') dated 20th Dec. 1990 require to be discussed at this stage. The delivery schedule stated that the delivery had to be completed by 20th May 1991. The place of delivery was also indicated. It stated "entire quantity is to be supplied to Delhi/Bombay Unit." The consignee was "MTNL, Delhi/Bombay."