BHARAT SANCHAR NIGAM LIMITED Vs. CHAURASIYA ENTERPRISES

JUDGEMENT

(1.) Challenge in these appeals under Sec. 37 of the Arbitration and Conciliation Act, 1996 (in short 'A and C Act 1996') are the orders of the Commercial Court rejecting the objections preferred by the Bharat Sanchar Nigam Ltd. (in short 'BSNL') under Sec. 34 of the A and C Act, 1996 upholding the awards passed in favour of the Chaurasiya Enterprises (in short 'claimant').

(2.) Since common question of facts and law are involved in all the captioned appeals, thus, they are being decided by a common order.

(3.) Briefly stated facts, sans unnecessary details are that BSNL in the year 2015 in order to lay down underground Optical Fibre Cable in District Bhadoi floated tenders, seeking bids from the prospective bidders. The claimant is stated to have been issued work orders, however, owing to certain disputes/differences which arose between the parties in respect of different contracts, notices came to be issued by the claimants to the BSNL on 20/3/2019 to clear the outstanding dues within a period of 30 days and, in case, the said request is not acceded, then to appoint an arbitrator in term of Sec. 12(5) of the 7th Schedule of the A and C Act, 1996. A reminder was also sent by the claimant to the BSNL on 8/5/2019 and since nothing happened, the claimant approached this Court while filing an arbitration application purported to be under Sec. 11(4) of the A and C Act, 1996 for appointment of an arbitrator.