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Bharat Broadband Network Limited vs United Telecoms Limited on 16 April, 2019

33. The decisions in HRD [HRD Corpn. v. GAIL, (2018) 12 SCC 471: (2018) 5 SCC (Civ) 401) and Bharat Broadband [Bharat Broadband Network Ltd. v. United Telecoms Ltd., (2019) 5 SCC 755: (2019) 3 SCC (Civ) 1) are unequivocal and to the effect that the issue of bias should be raised before the same Tribunal at the earliest opportunity. The advertence of the time-limit of 15 days is nothing but a statutory incorporation of that idea. However, when the grounds enumerated in the Seventh Schedule occur or are brought to the notice of one party unless such party expressly waives its objections, it is 28 ipso facto sufficient for that party, to say that the Tribunal's mandate is automatically terminated. The party aggrieved then can go ahead and challenge the Tribunal's continuation with the proceedings under Section 14."
Supreme Court of India Cites 30 - Cited by 440 - R F Nariman - Full Document
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