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

“6. Learned counsel are also ad idem that, in view of Section 12(5) of the 1996 Act read with the Seventh Schedule thereto, the arbitral mechanism, contemplated by the afore-extracted Clauses from the Purchase Order 2 CA No.3470/2022 (@ SLP (C) No. 8302/2021) and the Agreement, cannot be allowed to operate, as the Chairperson of the NDMC would be disabled from appointing the arbitrator. This position stands crystallized in a number decisions, including the judgments of the Supreme Court in Bharat Broadband Network Ltd. v. United Telecoms Ltd. (2019) 5 SCC 755 and Perkins Eastman Architects DPC v. IISCC (India) Limited AIR 2020 SC 59, and of this Court in Proddatur Cable TV DIGI Services v. SITI Cable Network Limited MANU/DE/0178/2020.
Supreme Court of India Cites 30 - Cited by 440 - R F Nariman - Full Document
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