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Atc Telecom Infrastructure Private ... vs Bharat Sanchar Nigam Limited on 27 May, 2022

Author: Anup Jairam Bhambhani

Bench: Anup Jairam Bhambhani

                          $~24

                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +      ARB.P. 660/2022

                                 ATC TELECOM INFRASTRUCTURE PRIVATE LIMITED
                                                                        ..... Petitioner

                                                      Through:     Mr. Raj Shekhar Rao, Senior
                                                                   Advocate with Mr. Piyush Sharma,
                                                                   Mr. D. Bhattacharya & Mr. Aditya M
                                                                   Prasad, Advocates.

                                                      versus

                                 BHARAT SANCHAR NIGAM LIMITED                         ..... Respondent
                                                      Through:     Mr. Dinesh Agnani, Senior Advocate
                                                                   with Ms. Leena Tuteja, Advocate.

                                 CORAM:
                                 HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                                                      ORDER

% 27.05.2022 I.A. 8608/2022 (Exemption) Exemption granted, subject to just exceptions. Let requisite compliances be made within 01 week. Application stands disposed of.

By way of the present petition under section 11 of the Arbitration & Conciliation Act 1996 ('A&C Act'), the petitioner seeks appointment of a learned Sole Arbitrator to adjudicate all additional Signature Not Verified Digitally Signed By:DIVYA SHARMA Signing Date:31.05.2022 ARB.P. 660/2022 Page 1 of 3 11:30:59 claims and disputes that are stated to have arisen between the parties, who are already in arbitration before Hon'ble Mr. Justice R.V. Raveendran (Former Judge of the Supreme Court of India).

2. As stated in the petition, the additional claims and disputes that are now sought to be referred to arbitration, are the following:

""xi. That the additional disputes/claims are broadly divided into the following heads I. Outstanding payment on Invoices raised by the Applicant to the Respondent for the period commencing 1st June 2021.

II. Unilateral Revision of Fixed Hourly Energy Charge Methodology (FHECM) and Deductions on this account by BSNL.

III. Penalty on BSNL for exiting site(s) during Lock-in Period in Bihar Circle.

IV. Deduction on account of change in Billing Parameters and other unilateral deductions due to wrong interpretation of terms of Agreement/MSA by BSNL.

V. Any other claim that Claimant has or may have against the Respondent arising out the Agreement between the Parties."

3. Issue notice on the petition.

4. Mr. Dinesh Agnani, learned senior counsel appears for the respondent on advance copy; accepts notice; and submits that the additional claims and disputes that have so arisen may also be referred to the learned Sole Arbitrator, who is already seized of the matter.

5. Accordingly, the additional claims and disputes as set-out above, are referred for arbitration before Hon'ble Mr. Justice R.V. Raveendran, to be adjudicated upon and decided in the pending arbitral proceedings between the parties.

6. The petition stands disposed of in the above terms.

7. Other pending applications, if any, also stand disposed of.

ANUP JAIRAM BHAMBHANI, J.

MAY 27, 2022/uj Signature Not Verified Digitally Signed By:DIVYA SHARMA Signing Date:31.05.2022 ARB.P. 660/2022 Page 3 of 3 11:30:59