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Patna High Court - Orders

M/S Norte Networks (India) Pvt. Ltd. vs Bharat Sanchar Nigam Limited In Short ... on 27 October, 2021

Author: Sanjay Karol

Bench: Chief Justice

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                      REQUEST CASE No.62 of 2021
                 ======================================================
                 M/S Norte Networks (India) Pvt. Ltd. a Company registered under
                 Companies Act 1956 through its authorized signatory Rabindra Kumar Singh
                 aged about 54 years (M) s/o late Shambhu Sharan Singh, working as Circle
                 Prime, Bihar Circle, M/S Nortel Networks (India) Pvt. Ltd. No. 956, 9th
                 Floor, Regus Business Centre, Raheja Towers, East Wing, M.G. Road,
                 Bangluru, 560001.

                                                                              ... ... Petitioner/s
                                                    Versus

           1.    Bharat Sanchar Nigam Limited in short BSNL, a Government of India
                 Enterprises, through Chief General Manager, Bihar Telecom Circle, Patna.
           2.    Chairman and Managing Director, BSNL - Corporate Office, HC Mathura
                 Lane, Opp. Hotel Janpath, Connaught Place, New Delhi, 110001.
           3.    Chief General manager, Bihar Telecom Circle, BSNL, Sanchar Sadan
                 Building, Buddha Marg, Patna - 1.
           4.    Chief General Manager cum Nodal Head, Eastern Zone, West Bengal
                 Telecom Circle, BSNL, No. 1 Council House Street, 4th Floor, CTO
                 Building, Kolkata, 700001.
           5.    A.O., (CMTS), Paying Authority, Office of the Chief General Manager,
                 Bihar Telecom Circle, BSNL, Patna- 1.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Prabhat Ranjan Singh, Advocate
                 For the Respondent/s   :
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                                       ORAL ORDER

2   27-10-2021

Learned counsel for the petitioner invites attention to Clause 20 of the Placement of Purchase Order dated 03.06.2008 containing the mechanism for redressal of disputes (Annexure-2 Page 62). Learned counsel invites attention to the communication dated 24.10.2020 (Annexure-4 Page-73) invoking the arbitration clause and response thereto vide communication dated 04.01.2021 (Annexure-5 Page 75). Patna High Court REQ. CASE No.62 of 2021(2) dt.27-10-2021 2/2 It appears that the respondents are in the process of appointment of an independent arbitrator. The petitioner vide communication dated 29.01.2021 (Annexure-6 Page 76) has suggested the names of two retired judges of this Court.

Let notice be issued to the respondents, both under ordinary process as well as registered cover with A/D for which requisites etc. must be filed within a period of two weeks, failing which this petition as against the concerned respondents shall stand dismissed without further reference to the Bench.

On steps being taken within the stipulated time, Rule is made returnable on 15th December, 2021.

(Sanjay Karol, CJ) Sujit/Ashwini U