GMTD BSNL SRINAGAR Vs. P.S. ASSOCIATES

JUDGEMENT

(1.) Impugned are execution and order dated 21st Jan. 2013, passed by learned Principal District Judge, Srinagar (for short "Executing Court"), on the strength of grounds urged by petitioners in instant revision.

(2.) The case of petitioner BSNL, Srinagar, is that they purchased computer hardware and software, vide open tender on two occasions vide tender dated 6th May 2005 and 6th June 2006 and both times, petitioner-BSNL awarded tender in favour of M/s P. S. Associates (respondent herein). Supplies were made and payments given for both tenders. In terms of tender, after one year of warranty period, Annual Maintenance Contract (AMC) was to be signed for three years vis-a-vis both tendered-items. AMCs were entered into. It was later on seen that AMC-1 PO was issued only for one year and it was never renewed. BSNL continued to get AMC service for the items purchased in first tender, though, BSNL complained about poor performance of AMC. The payment of AMC was to be done after every six months as per terms and conditions. The payment for first six months period for AMC-1 was only made by petitioner BSNL of Rs.2,89,543.00 on 5th April 2008, without imposing and deducting any penalty.

(3.) The dispute arose between the parties. Arbitrator was appointed vide letter no.1-12/2010-CIT dated 19th Aug. 2010 to settle the dispute between the parties. Arbitrator rendered the Award on 18th July 2011.