ANIL KUMAR TRIPATHI Vs. DOORSANCHAR NIGAM LTD. (BSNL)

JUDGEMENT

(1.) Present petition under Article 226 of the Constitution of India has been preferred by petitioner/contractor being crestfallen by order dtd. 6/1/2022 passed by Commercial Court, District Gwalior, whereby learned Court below sought original record of arbitrator before considering the application under Sec. 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred as to 'the Act ') finally.

(2.) Precisely stated facts of the case are that petitioner is a proprietor firm owned, managed and controlled by its proprietor Shri Girish Chandra Dubey engaged in construction business as contractor. Respondent-Bharat Sanchar Nigam Limited (B.S.N.L.) is engaged as service provider in the field of telecommunication and is instrumentally of such State within the meaning of Article 12 of the Constitution of India.

(3.) It appears from the submissions and record that some contract was given by respondent to petitioner for laying O.F.C. Cable but petitioner could not complete the work within the stipulated time and therefore, contract was cancelled vide order dtd. 8/7/2003 and placed under blacklist. Matter went into arbitration and vide order dtd. 9/5/2011 (Annexure P/1) Sole Contractor (Shri M.N. Singh, General Manager Telecommunication (Retired) Bhopal) passed arbitral award and partly allowed the claim of petitioner.