DEPUTY GENERAL MANAGER (MM) BHARATH SANCHAR NIGAM LIMITED Vs. MIDAS COMMUNICATION TECHNOLOGIES (P) LIMITED

JUDGEMENT

(1.) Midas Communication Technology, who is the respondent in this appeal, being aggrieved by the foreclosure order passed by the BSNL, has approached this Court seeking mandamus to direct the BSNL to issue acceptance certificate to the writ petitioner and receive the materials readily available with the petitioner as per the specification of the BSNL.

(2.) The brief facts of the case are that:-

(3.) The learned Single Judge was considered the matter at length, has found that the delay in completing the contract is wholly attributed to the attitude of the BSNL and not attributable to MIDAS. Regarding the Arbitration Clause, the learned Single Judge has held that when there is injustice to one of the parties to the contract then there is no legal impediment for the High Court to exercise its power under Article 226 of the Constitution of India. For the said purpose, the learned Single Judge has relied upon the judgment of the Hon'ble Supreme Court in ABL International Limited vs. Export Credit Guarantee Corporation of India Limited and others reported in (2004) 3 SCC 553. The learned Single Judge has concluded that BSNL has to issue acceptance certificate to MIDAS to enable the MIDAS to supply the materials as per the Purchase Order bearing No.PO/EDWAS/2007-08-01, dtd. 12/12/2007.