RAILTEL CORPORATION OF INDIA LIMITED vs PRIMATEL FIBCOM LIMITED

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 22nd APRIL, 2025 IN THE MATTER OF: + ARB.P. 2075/2024 RAILTEL CORPORATION OF INDIA LIMITED .....Petitioner Through: Mr. Alok Singh, Mr. B.R. Menon, Mr. Jaivardhan Jeph, Advocates versus PRIMATEL FIBCOM LIMITED .....Respondent Through: Mr. Rohit Gandhi, Mr. Adhish Srivastava, Mr. Hargun Singh Kalra and Ms. Akshita Nigam, Advocates CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD JUDGMENT (ORAL) 1. The present Petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Act”) has been filed by the Petitioner seeking appointment of an independent Sole Arbitrator to adjudicate upon the disputes arising under a Definitive Agreement dated 27.02.2018. 2. Facts leading to the filing of the present petition are as follows:- a. The Petitioner is a Public Sector Undertaking (PSU) engaged in providing broadband and network infrastructure services. The Petitioner seeks appointment of an independent Sole Arbitrator to adjudicate its claims against the Respondent herein, a private limited company with whom the Petitioner had entered into a contractual relationship in connection with the RajNET Project Signature Not Verified Digitally Signed By:SHAZAAD ZAKIR ARB.P. 2075/2024 Page 1 of 12 Signing Date:23.04.2025 11:28:06 implemented by M/s RajCOMP Info Services Limited (hereinafter referred to as “RISL”). b. On 4th July 2017, RISL issued a Request for Proposal (RFP) for the “Supply, Installation and Maintenance of RF Links and Outdoor Wi-Fi Access Points across Rajasthan on a rate contract basis,” under the RajNET Project. The Petitioner participated in the said tender process and, upon being declared the lowest bidder, was awarded the contract by RISL. The RFP, which the Petitioner refe