XL ENERGY LIMITED Vs. MAHANGAR TELEPHONE NIGAM LIMITED

JUDGEMENT

(1.) CM No. 28598/2018

(2.) Impugned order dismisses objections filed by the appellant under Section 34 of the A & C Act and upholds the Arbitral Award dated 3rd June, 2017.

(3.) Respondent, a telecom service provider, had purchased 60,000 (Sixty Thousand) CDMA phones from the appellant vide three purchase orders dated 27th March, 2003 , 23rd May, 2003 and 7th August, 2004. Respondent had sold/transferred these phones to their subscribers. Respondent had also entered into three Annual Maintenance Contracts ('AMCs') with the appellant dated 5th June, 2004, 24th November, 2004 and 3rd November, 2005 for repair of the phones. Respondent had paid fixed consideration as per the AMC agreements to the appellant. In terms of these AMC agreements, the appellant had furnished performance guarantee for three years amounting to Rs. 1,13,99,500/-.