Antrix Corp.Ltd vs Devas Multimedia P.Ltd on 10 May, 2013
Equivalent citations: 2013 AIR SCW 2781, (2013) 121 ALLINDCAS ... INDIA
ORIGINAL CIVIL JURISDICTION
ARBITRATION PETITION NO. 20 OF 2011
1 ANTRIX CORP. LTD. ...PETITIONER
Vs.
2 DEVAS MULTIMEDIA P. LTD. ...RESPONDENT
Devas Multimedia Private Limited vs Antrix Corporation Limited on 28 February, 2017
Author: S.Muralidhar
Bench: S.Muralidhar
$~
* IN THE HIGH COURT OF DELHI ... Through: Mr. Rajiv Nayar, Senior Advocate with
Mr. Omar Ahmad, Advocate.
versus
ANTRIX CORPORATION LIMITED ..... Respondent
Through: Mr. Gourab Banerjee, Senior Advocate
with Mr. Saket
made as under:
"9. While it is correct that in Antrix (supra) and Pricol Limited
(supra), it was opined by this Court that after ... which the aforesaid view was expressed cannot
be lost sight of. In Antrix (supra), appointment of the Arbitrator,
as per ICC Rules
placed on the decision of the Supreme Court in
case of Antrix Corporation Limited Vs. Devas
Multimedia Private Limited, reported ... Ritin Rai appearing for the
respondent on the decisions of the Antrix Corporation Limited
(supra) and on Pricol Ltd. (supra) is absolutely misplaced. In
Page
itself. Mr. Yogesh has also placed reliance on the
decision in Antrix Corporation Ltd v. Devas Multimedia Private
Ltd5 , and has also drawn attention ... reasoning, in Walter Bau
AG3, for distinguishing Antrix Corporation Ltd5.
Written Submissions
15. Written submissions were also filed by learned Counsel for both
parties
relied upon the judgment rendered by Hon'ble Apex
Court in Antrix Corporation Limited vs. Devas Multimedia Private
Limited ... relied upon the
judgment rendered by the Hon‟ble Apex Court in Antrix Corporation
Limited vs. Devas Multimedia Private Limited (supra) as also
relied upon the decision of the Supreme Court in
case of Antrix Corporation Limited Vs. Devas Multimedia
Private Limited , reported ... reproduce the
observations made by the Supreme Court in case of Antrix
Corporation Limited Vs. Devas Multimedia Private Limited
(supra), wherein the Supreme Court while
cannot invoke the said clause for
a second time. He relied on Antrix Corporation Limited Vs. Devas
MSR,J
::13:: Arb.Appln ... Energo Engineering
Projects Limited6 .
31. No doubt the two Judge Benches in Antrix Corporation (3
supra) and in SP Singla (4 supra) did take
manner. Reliance is placed upon a judgment of the Apex Court in Antrix Corporation Ltd. Vs. Devas Multimedia Private Ltd. , reported ... heavily relied upon observation of the Apex Court in Para 31 in Antrix Corporation Ltd. (supra), which is reproduced hereinafter:-
"31. The matter
contentions would rely upon the judgment
of the Supreme Court reported as Antrix Corporation Ltd. vs. Devas
Multimedia Private Ltd. 2014 (11) SCC 560 which ... clear from the
judgment of the Supreme Court in Antrix Corporation Ltd. (supra),
wherein the Supreme Court was considering inter-alia the following
questions