BHARAT SANCHAR NIGAM LTD vs VIHAAN NETWORKS LTD

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 28.04.2025 + FAO(OS) (COMM) 269/2023 CM APPL. 63447/2023 BHARAT SANCHAR NIGAM LTD .....Appellant versus VIHAAN NETWORKS LTD .....Respondent Advocates who appeared in these cases For the Appellant : Mr Dinesh Agnani, Sr Advocate with Ms Leena Tuteja, Advocate. For the Respondent : Mr Rajeev Nayyar, Sr Advocate with Mr Omar Ahmed, Mr Abhishek Singh, Mr Saad Shervani, Mr J Amal Joshy, Ms Aayushi Mishra, Mr K V Vibhu Prasad, Advocates. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE TEJAS KARIA JUDGMENT TEJAS KARIA, J 1. The Appellant has filed the present appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (‘the Act’), being aggrieved by the Signature Not Verified FAO(OS) (COMM) 269/2023 Page 1 of 14 Signed By:AWANISH CHANDRA MISHRA Signing Date:01.05.2025 10:44:01 judgment dated 03.10.2023 passed in OMP (COMM.) No. 405/2023 by the learned Single Judge of this Court (‘impugned judgment’). 2. The impugned judgment has dismissed a petition under Section 34 of the Act and upheld the award dated 16.06.2023 whereby the learned Sole Arbitrator has awarded ₹33.69 plus ₹9.83 crores alongwith interest in favour of the Respondent herein. 3. The learned Single Judge, by way of impugned judgment, has held that in view of substantial evidence and observations made by the learned Tribunal, there is no ground to interfere with the award under Section 34 of the Act. FACTUAL BACKGROUND: 4. The present dispute arises out of the invitation for bid vide Notice Inviting E-Tender (‘NIT’) dated 13.04.2016 in respect of survey, planning, supply, installation, testing, commissioning, integration with existing core network and Operation & Maintenance for five years of 2G GSM BSS Network in uncovered vil