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Bharat Sanchar Nigam Limited vs Aksh Optifibre Limited on 10 October, 2022

Bench: Surya Kant, M.M. Sundresh

                                                     1

     ITEM NO.11                              COURT NO.13                SECTION XIV

                                   S U P R E M E C O U R T O F     I N D I A
                                           RECORD OF PROCEEDINGS

                            SPECIAL LEAVE PETITION (CIVIL) Diary No.28707/2022

     (Arising out of impugned final judgment and order dated 23­09­2020
     in FAO(OS)(COMM) No. 103/2020 passed by the High Court of Delhi at
     New Delhi)

     BHARAT SANCHAR NIGAM LIMITED                                       Petitioner(s)
                                                   VERSUS
     AKSH OPTIFIBRE LIMITED                                             Respondent(s)

     (FOR ADMISSION and I.R. and IA No.144690/2022­CONDONATION OF DELAY
     IN FILING SLP)

     Date : 10­10­2022 This petition was called on for hearing today.

     CORAM :
                             HON'BLE MR. JUSTICE SURYA KANT
                             HON'BLE MR. JUSTICE M.M. SUNDRESH

     For Petitioner(s)
                                       Mr. Ajit Kumar Singh, Adv.
                                       Mr. Sarad Kumar Singhania, AOR
                                       Mrs. Laxmi Singh, Adv.
     For Respondent(s)

                              UPON hearing the counsel the Court made the following
                                                 O R D E R

Delay condoned.

We have heard learned counsel appearing for the petitioner at a considerable length and also gone through the Award passed by the Sole Arbitrator, which has been affirmed and upheld by the learned Single Judge of the High Court of Delhi under Section 34 of the Arbitration and Conciliation Act, 1996 and by the Division Bench of the said Court in exercise of its appellate powers under Section 37 Signature Not Verified of the said Act.

In our considered view, factual issues decided by the learned Arbitrator or affirmed by the High Court cannot be allowed to be agitated before this Court.

In this view of the matter, we are not inclined to interfere with the impugned Order dated 23­9­2020 passed by the High Court of Delhi at New Delhi.

The Special Leave Petition is, accordingly, dismissed. However, this Order shall not preclude the petitioner to raise factual pleas in the similar arbitration proceedings/TRAI, if any, pending against the petitioner.

  (VISHAL ANAND)                                 (PREETHI T.C.)
ASTT. REGISTRAR­cum­PS                          COURT MASTER (NSH)