STERLITE TECHNOLOGIES LIMITED Vs. BHARAT SANCHAR NIGAM LIMITED

JUDGEMENT

(1.) This petition has been filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') challenging the Arbitral Award dated 15.04.2017 passed by the Sole Arbitrator adjudicating the disputes that have arisen between the parties in relation to the Advance Purchase Order No.203-2/2004- MMS/Vol-II dated 18.03.2004 for supply of 13.199 Lakh of PIJF underground cable of different size, placed on the petitioner by the respondent for its Kerala circle.

(2.) The dispute between the parties was with respect to the following three claims raised by the petitioner; (a) towards alleged short payment of the value of sale invoices in respect of preponed supplies of cables by adopting the price of copper as on the date of scheduled delivery instead of date of preponed delivery; (b) towards reimbursement of Octroi/Entry Tax and; (c) towards Liquidated Damages wrongly imposed/levied by the respondent.

(3.) The learned counsel for the petitioner submits that due to loss of software, majority of the documents to support such claim could not be retrieved and filed before the Arbitrator by the petitioner for the purpose of pursuing its claim. Further, there were certain discrepancies in the documents filed by the petitioner before the Arbitrator, however, only on the basis of this ground, the claim of the petitioner could not be stated to be frivolous or held to be not proven as has been done by the Arbitrator.