SC seeks explanation from Motorola on BSNL's plea.
Economic Times (New Delhi, India), March, 2007
Mar. 10--NEW DELHI -- The Supreme Court on Wednesday sought an explanation from Motorola on why BSNL's plea demanding damages for not completing the first and second phase of a project on commissioning of the Indian Mobile Personal Communications System (IMPCS) should not be entertained.
A bench comprising Justice Tarun Chatterjee and Justice Dalveer Bhandari issued a notice to Motorola and sought a reply within two weeks. The matter is scheduled for further hearing on April 10.
Additional Solicitor General Gopal Subramanium and advocate Pratibha Singh appearing on behalf of BSNL said that the liquidated damages imposed was in accordance with contractual obligations. It is outside the purview of arbitration.
As per clause 16.2 of the general...
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