HCL INFOSYSTEMS LIMITED Vs. VIRGO SOFTECH LIMITED

JUDGEMENT

(1.) This petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the "Act") has been filed by the petitioner challenging the Arbitral Award dated 26.08.2017 passed by the Sole Arbitrator adjudicating the disputes that have arisen between the parties in relation to the Project Execution Agreement dated 02.08.2010 (hereinafter referred to as the "PEA") executed between the parties.

(2.) The PEA had been executed between the petitioner, the respondent and one Accor Services Pvt. Ltd., which was not made a party to the arbitration proceedings as no claim or counter claim was made against it.

(3.) The parties to the present petition had also entered into a Consortium Agreement dated 17.02.2010 for purposes of submitting a bid pursuant to a Request for Proposal (RFP) floated by the Department of Food, Civil Supplies and Consumer Protection, Madhya Pradesh (hereinafter referred to as the Govt. of MP) for appointment of Vendor for IT enabled Distribution Mechanism for Public Distribution System (PDS).