MAHANAGAR TELEPHONE NIGAM LIMITED vs NOKIA SOLUTIONS & NETWORK INDIA PVT. LTD.

Judgment text excerpt

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 23.02.2026 + O.M.P. (COMM) 368/2016 MAHANAGAR TELEPHONE NIGAM LIMITED .....Petitioner Through: Mr. Saket Sikri, Mr. Vikalp Mudgal, Mr. Arun Sanwal and Mr. Aditya Mani Sharma, Advocates. versus NOKIA SOLUTIONS & NETWORK INDIA PVT. LTD. .....Respondent Through: Mr. Abhishek Tewari & Mr. Utkarsh Trivedi, Advocates. CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR % JUDGEMENT (ORAL) HARISH VAIDYANATHAN SHANKAR, J. 1. The present Petition has been instituted under Section 34 of the Arbitration and Conciliation Act, 19961, assailing the Arbitral Award dated 11.03.20162, albeit in a limited compass. The challenge is confined to a specific finding rendered by the learned Arbitrator and does not extend to the entirety of the Award. 2. It is pertinent to note that multiple claims and counterclaims were adjudicated by the learned Arbitrator. However, the present Petition is restricted solely to the rejection of Counter Claim No. 1 1 Act 2 Impugned Award Signature Not Verified Digitally Signed By:HARVINDER KAUR BHATIA O.M.P. (COMM) 368/2016 Page 1 of 4 Signing Date:28.02.2026 13:59:03 preferred by the Petitioner, whereby the Petitioner had sought recovery of an alleged excess payment amounting to Rs. 66,25,499/-. The said counter-claim has been rejected on the ground that it is barred by limitation. 3. Learned counsel for the parties are ad idem that there appears to be an error in the manner in which the learned Arbitrator determined the commencement of limitation. This assumes significance in light of the categorical finding recorded in the Award that an excess payment had, in fact, been made to the Respondent. 4. The conclusion regarding excess payment is founded upon the reckoning of prices in terms of a let