BHARAT SANCHAR NIGAM LTD vs Microtex Energy Private Limited

Judgment text excerpt

Neeta Sawant CARBP(L) 33928 OF 2024 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMM. ARBITRATION PETITION (L.) NO. 33928 OF 2024 WITH INTERIM APPLICATION (L.) NO. 59 OF 2025 Bharat Sanchar Nigam Ltd. …..PETITIONER/ APPLICANT : VERSUS : Microtex Energy Pvt. Ltd. ….RESPONDENT Ms. Disha Karambar i/b. Disha Karambar & Associates, for the Petitioner/Applicant. Mr. Shivaraj N. Arali (through V.C.) with Ms. Pooja Singh, for the Respondent. CORAM : SANDEEP V. MARNE, J. JUDGMENT RESD. ON : FEBRUARY 24, 2026. JUDGMENT PRON. ON : MARCH 10, 2026. JUDGMENT 1) This is a Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) challenging the award of the learned sole arbitrator dated 3 May 2024. By the impugned award, __________________________________________________________________________ PAGE NO. 1 OF 33 10 MARCH 2026 Neeta Sawant CARBP(L) 33928 OF 2024 the learned arbitrator has directed Petitioner to pay to the Respondent an amount of Rs.2,76,82,030/- with further directions that some of the amounts shall carry further interest in accordance with provisions of Section 16 of the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) from the date of the award till payment and realization. The Arbitral Tribunal has further awarded interest in accordance with the provisions of Section 31(7)(b) of the Arbitration Act on the amount of Rs.1,87,04,974/- from the date of interim award till realization. 2) Petitioner is a Government of India enterprise providing telecommunication services. The Chief General Manager of the Petitioner floated online tender for supply of VRLA batteries on 8 March 2016. Respondent is a private limited company, which apparently had registered itself as a Small Enterpris