BHARAT BROADBAND NETWORK LIMITED Vs. UNITED TELECOMS LIMITED
LAWS(SC)-2019-4-75
SUPREME COURT OF INDIA
Decided on
April 16,2019
Bharat Broadband Network Limited
Appellant
VERSUS
United Telecoms Limited
Respondents
Referred Judgements :-
BHARAT SANCHAR NIGAM LTD VS. MOTOROLA INDIA PVT LTD [REFERRED TO]VASU P. SHETTY VS. HOTEL VANDANA PALACE [REFERRED TO]
ALL INDIA POWER ENGINEER FEDERATION & ORS. VS. SASAN POWER LTD. & ORS. [REFERRED TO]
M/S. VOESTALPINE SCHIENEN GMBH VS. DELHI METRO RAIL CORPORATION LTD. [REFERRED TO]
TRF LTD. VS. ENERGO ENGINEERING PROJECTS LTD. [REFERRED TO]
HRD CORPORATION (MARCUS OIL AND CHEMICAL DIVISION) VS. GAIL (INDIA) LIMITED (FORMERLY GAS AUTHORITY OF INDIA LTD.) [REFERRED TO]
Cited Judgements :-
RELIANCE INFRASTRUCTURE LTD VS. STATE OF HARYANA [LAWS(P&H)-2020-6-9] [REFERRED TO]RAWANI CONSTRUCTION VS. NATIONAL THERMAL POWER CORPORATION LTD [LAWS(ORI)-2020-12-6] [REFERRED TO]
HLL LIFECARE LIMITED VS. EMPLOYEES STATE INSURANCE CORPORATION [LAWS(DLH)-2022-3-256] [REFERRED TO]
MS BRIDGE BUILDING CONSTRUCTION CO. PVT. LTD. VS. BHARAT HEAVY ELECTRICALS LTD. [LAWS(DLH)-2023-1-406] [REFERRED TO]
AMAZING INDIA CONTRACTORS PRIVATE LTD. VS. INDIAN RAILWAY STATIONS DEVELOPMENT CORPORATION LTD. [LAWS(DLH)-2021-9-60] [REFERRED TO]
H S OBEROI BUILDTECH PVT. LTD VS. MAHAMAYA INFRASTRUCTURE PVT. LTD [LAWS(DLH)-2021-9-265] [REFERRED TO]
CORONATION INFRASTRUCTURE PVT. LTD VS. TATA CAPITAL FINANCIAL SERVICES LTD [LAWS(DLH)-2022-10-154] [REFERRED TO]
SCORE INFORMATION TECHNOLOGIES LIMITED VS. GR INFRA PROJECTS LIMITED [LAWS(DLH)-2021-1-26] [REFERRED TO]
TRIBHUWAN ARORA VS. GENERAL MANAGER, EAST CENTRAL RAILWAY [LAWS(PAT)-2023-6-16] [REFERRED TO]
KRISHNA SHELTERS PVT. LTD. VS. UNION OF INDIA [LAWS(KAR)-2019-9-122] [REFERRED TO]
CLARKE ENERGY INDIA PVT. LTD VS. SAS EPC SOLUTION PRIVATE LIMITED [LAWS(MAD)-2021-12-32] [REFERRED TO]
MLR AUTO LIMITED VS. INUDSIND BANK LIMITED [LAWS(MAD)-2019-9-104] [REFERRED TO]
ELLORA PAPER MILLS LIMITED VS. STATE OF MADHYA PRADESH [LAWS(SC)-2022-1-7] [REFERRED TO]
PERKINS EASTMAN ARCHITECTS DPC VS. HSCC (INDIA) LTD. [LAWS(SC)-2019-11-87] [REFERRED TO]
NEW DELHI MUNICIPAL COUNCIL VS. MINOSHA INDIA LIMITED [LAWS(SC)-2022-4-156] [REFERRED TO]
M/S. NAVAKAR INDUSTRIES VS. C.G. STATE COOPERATIVE MARKETING FEDERATION LIMITED [LAWS(CHH)-2023-6-46] [REFERRED TO]
GOVIND SINGH VS. M/S. SATYA GROUP PVT. LTD. [LAWS(DLH)-2023-1-7] [REFERRED TO]
ALOK NARANG VS. KAYAAN MARKETING & DISTRIBUTION PVT. LTD. [LAWS(DLH)-2021-3-135] [REFERRED TO]
ESCORT SECURITY AND PERSONNEL SERVICES VS. DEENDAYAL PORT TRUST [LAWS(GJH)-2021-4-266] [REFERRED TO]
HSBC PI HOLDINGS (MAURITIUS) LIMITED (PREVIOUSLY NAMED HPEIF HOLDINGS VS. AVITEL POST STUDIOZ LIMITED [LAWS(BOM)-2023-4-56] [REFERRED TO]
TATA PROJECTS LTD VS. CENTRAL ORGANIZATION FOR RAILWAY ELECTRIFICATION [LAWS(ALL)-2021-2-32] [REFERRED TO]
UMAXE PROJECTS PRIVATE LIMITEDS VS. AIR FORCE NAVAL HOUSING BOARD [LAWS(DLH)-2023-12-18] [REFERRED TO]
UNION OF INDIA VS. RELIANCE INDUSTRIES LIMITED [LAWS(DLH)-2022-12-16] [REFERRED TO]
ABB INDIA LIMITED VS. BHARAT HEAVY ELECTRICALS LIMITED [LAWS(DLH)-2020-11-59] [REFERRED TO]
DELHI INTEGRATED MULTI MODAL TRANSIT SYSTEMS LTD VS. DELHI JAL BOARD [LAWS(DLH)-2021-11-19] [REFERRED TO]
N.N. BUILDCON PRIVATE LIMITED VS. HSCC(INDIA) PRIVATE LIMITED [LAWS(DLH)-2021-11-173] [REFERRED TO]
M/S. MEHROTRA BUILDCON PVT. LTD. VS. SOUTH EASTERN RAILWAY [LAWS(CAL)-2023-12-12] [REFERRED TO]
WEST BENGAL POWER DEVELOPMENT CORPORATION LIMITED VS. SICAL MINING LIMITED [LAWS(CAL)-2022-9-157] [REFERRED TO]
SHREE LAXMI IRON AND STEEL WORKS PRIVATE LIMITED VS. EASTERN RAILWAY AND ORS. [LAWS(CAL)-2022-1-64] [REFERRED TO]
STEELMAN TELECOM LIMITED VS. POWER GRID CORPORATION OF INDIA LIMITED [LAWS(DLH)-2023-8-106] [REFERRED TO]
MAHARASHTRA STATE ELECTRICITY TRANSMISSION CO. LTD. VS. KALPATARU POWER TRANSMISSION LTD. [LAWS(BOM)-2019-11-33] [REFERRED TO]
SANDIPBHAI ASHOKBHAI PARMAR VS. ARBITRATOR [LAWS(GJH)-2022-1-565] [REFERRED TO]
STATE OF JHARKHAND VS. B.M.S. ASSOCIATES [LAWS(JHAR)-2022-4-83] [REFERRED TO]
RPN ENGINEERS CHENNAI PRIVATE LIMITED VS. UNION OF INDIA [LAWS(MAD)-2022-8-139] [REFERRED TO]
V.K. KAPOOR & CO. VS. BHARAT SANCHAR NIGAM LTD [LAWS(P&H)-2022-10-164] [REFERRED TO]
DHARAMDAS TIRATHDAS CONSTRUCTIONS PVT. VS. UNION OF INDIA [LAWS(MPH)-2022-10-62] [REFERRED TO]
J.M. SWAMY VS. GOVERNMENT OF INDIA [LAWS(KAR)-2022-8-554] [REFERRED TO]
CENTEX (INDIA) ENGINEERS (P) LIMITED VS. EXECUTIVE ENGINEER/BRL, EASTERN RAILWAY, SEALDAH [LAWS(CAL)-2024-10-1] [REFERRED TO]
DEBENDRA PRASAD GUPTA & ANR VS. NATIONAL SMALL INDUSTRIES CORPORATION LIMITED [LAWS(CAL)-2020-2-83] [REFERRED TO]
JAIPUR ZILA DUGDH UTPADAK SAHKARI SANGH LIMITED VS. M/S AJAY SALES & SUPPLIERS [LAWS(SC)-2021-9-136] [REFERRED TO]
HANUMAN MOTORS PVT. LTD. VS. M/S. TATA MOTORS FINANCE LTD [LAWS(BOM)-2023-3-19] [REFERRED TO]
FRIENDS & FRIENDS SHIPPING PRIVATE LIMITED VS. CENTRAL WAREHOUSING CORPORATION [LAWS(BOM)-2022-7-230] [REFERRED TO]
M/S. ROSHAN REAL ESTATES PVT LTD VS. PUBLIC WORK DEVELOPMENT DELHI [LAWS(DLH)-2024-4-27] [REFERRED TO]
KADIMI INTERNATIONAL PVT LTD VS. EMAAR MGF LAND LIMITED [LAWS(DLH)-2019-8-215] [REFERRED TO]
VALECHA ENGINEERING LIMITED VS. DELHI METRO RAIL CORPORATION LIMITED [LAWS(DLH)-2021-1-144] [REFERRED TO]
SANJAY SINGH NEGI VS. DAYANAND MEDICAL COLLEGE AND HOSPITAL MANAGING SOCIETY [LAWS(DLH)-2021-4-75] [REFERRED TO]
ATELIER AUTOMOBILES PRIVATE LIMITED VS. RELIGARE FINVEST LIMITED [LAWS(DLH)-2022-12-177] [REFERRED TO]
HIMANSHU SHEKHAR VS. PRABHAT SHEKHAR [LAWS(DLH)-2022-5-51] [REFERRED TO]
HEDGE FINANCE PRIVATE LIMITED VS. BIJISH JOSEPH [LAWS(KER)-2022-8-2] [REFERRED TO]
SGM PACKAGING INDUSTRIES VS. GOYAL PLYWOOD LLP [LAWS(P&H)-2022-6-75] [REFERRED TO]
GANESH BUILDERS VS. NAGORAO [LAWS(BOM)-2019-8-193] [REFERRED TO]
NATIONAL COLLATERAL MANAGEMENT SERVICES LIMITED VS. JAGDAMBA RICEMILL [LAWS(DLH)-2021-7-147] [REFERRED TO]
KANTHAMMA CHANDRASHEKAR VS. ROHAN HOUSING PRIVATE LIMITED [LAWS(KAR)-2019-7-498] [REFERRED TO]
SANDHU POULTRY RESEARCH BREEDING FARM VS. AMRIT HATCHERIES PRIVATE LTD. [LAWS(P&H)-2022-11-177] [REFERRED TO]
SITSON INDIA PVT. LTD VS. KAVERI VIBHAG SAHAKARI KHAND UDHYOG MANDALI LIMITED [LAWS(GJH)-2023-8-256] [REFERRED TO]
GALORE LNFRATECH PVT. LTD. VS. SEW KRISHNANAGAR BHARAMPORE HIGHWAYS LTD. [LAWS(TLNG)-2020-6-59] [REFERRED TO]
SOHAN MINERALS AND MINING COMPANY PRIVATE LIMITED VS. STEEL AUTHORITY OF INDIA LIMITED [LAWS(CAL)-2021-3-68] [REFERRED TO]
LARSEN AND TOUBRO LIMITED VS. HLL LIFECARE LIMITED [LAWS(DLH)-2021-9-197] [REFERRED TO]
PRODDATUR CABLE TV DIGI SERVICES VS. SITI CABLE NETWORK LIMITED [LAWS(DLH)-2020-1-121] [REFERRED TO]
M. SURESH VS. T. V. SUNDARAM IYENGAR & SONS PVT. LTD. [LAWS(MAD)-2022-11-246] [REFERRED TO]
RAJKUMAR TAMOTIA VS. ALOK SHARMA [LAWS(MPH)-2024-5-93] [REFERRED TO]
CHENNAI METRO RAIL LIMITED ADMINISTRATIVE BUILDING VS. TRANSTONNELSTROY AFCONS (JV) [LAWS(SC)-2023-10-67] [REFERRED TO]
WEST BENGAL HOUSING BOARD VS. ABHISEK CONSTRUCTION [LAWS(CAL)-2023-4-148] [REFERRED TO]
PRIME INTERGLOBE PRIVATE LIMITED VS. SUPER MILK PRODUCTS PRIVATE LIMITED [LAWS(DLH)-2022-5-182] [REFERRED TO]
PANSARI DEVELOPERS LIMITED VS. DHANI LOANS AND SERVICES LIMITED [LAWS(DLH)-2021-9-199] [REFERRED TO]
RAM KUMAR VS. SHRIRAM TRANSPORT FINANCE CO. LTD. [LAWS(DLH)-2022-12-152] [REFERRED TO]
DILIP BUILDCON LIMITED VARAHA INFRA LIMITED VS. NATIONAL HIGHWAYS AUTHORITY OF INDIA THROUGH ITS CHAIRMAN [LAWS(DLH)-2020-12-29] [REFERRED TO]
TECHNOFAB ENGINEERING LTD VS. STATE OF RAJ [LAWS(RAJ)-2020-7-105] [REFERRED TO]
COBRA-CIPL JV VS. CHIEF PROJECT MANAGER [LAWS(MPH)-2021-4-15] [REFERRED TO]
KAMALAKANTA ENGINEERING VS. NATIONAL PROJECTS CONSTRUCTION CORPORATION LTD [LAWS(ORI)-2021-7-33] [REFERRED TO]
DIVISIONAL MANAGER, H. P. STATE FOREST DEVELOPMENT CORPORATION LTD. VS. PREM LAL [LAWS(HPH)-2023-2-51] [REFERRED TO]
CENTRAL ORGANISATION FOR RAILWAY ELECTRIFICATION VS. ECI-SPIC-SMO-MCML (JV) A JOINT VENTURE COMPANY [LAWS(SC)-2019-12-57] [REFERRED TO]
OM SAI RK CONSTRUCTIONS PRIVATE LIMITED VS. FORSIGHT INFRACTECH PRIVATE LIMITED [LAWS(MPH)-2022-4-149] [REFERRED TO]
M/S. PHULAR CONSTRUCTION COMPANY PVT LTD VS. EAST CENTRAL RAILWAY [LAWS(PAT)-2023-6-26] [REFERRED TO]
B.N.S. JOSHI AND SONS LIMITED VS. RASHTRIYA ISPAT NIGAM LIMITED [LAWS(APH)-2021-9-4] [REFERRED TO]
C AND E LTD (COMPONENTS AND EQUIPMENTS LTD) VS. GOPAL DAS BAGRI [LAWS(CAL)-2023-7-75] [REFERRED TO]
THREE STAR ENGINEERING WORKS PVT. LTD. VS. DIESEL LOCOMOTIVES WORKS VARANASI [LAWS(ALL)-2020-12-91] [REFERRED TO]
PUSHKARRAJ CONSTRUCTION PVT. LTD. VS. UNION OF INDIA [LAWS(DLH)-2021-7-152] [REFERRED TO]
MINESH CHOPRA VS. DELHI METRO RAIL CORPORATION [LAWS(DLH)-2021-3-177] [REFERRED TO]
HIMACHAL PRADESH POWER CORPORATION LIMITED VS. HINDUSTAN CONSTRUCTION COMPANY LIMITED [LAWS(DLH)-2020-9-110] [REFERRED TO]
JAYNEER INFRAPOWER AND MULTIVENTURES PVT LIMITED VS. HERO FINCORP LTD [LAWS(DLH)-2020-11-121] [REFERRED TO]
MAN INDUSTRIES (INDIA) LIMITED VS. INDIAN OIL CORPORATION LIMITED [LAWS(DLH)-2023-6-52] [REFERRED TO]
BRIDGE BUILDING CONSTRUCTION CO PVT LTD VS. BHARAT HEAVY ELECTRICALS LTD. [LAWS(DLH)-2023-1-128] [REFERRED TO]
JOHNSON CONTROLS-HITACHI AIR CONDITIONING INDIA LIMITED VS. MAHAMAYA INFRASTRUCTURE PRIVATE LIMITED [LAWS(DLH)-2022-2-232] [REFERRED TO]
VIJAY KUMAR MUNJAL VS. PAWAN MUNJAL [LAWS(DLH)-2022-2-238] [REFERRED TO]
GEETA PODDAR VS. SATYA DEVELOPERS PRIVATE LIMITED [LAWS(DLH)-2022-8-147] [REFERRED TO]
JUDGEMENT
R.F.NARIMAN.J. -
(1.)Leave granted.
(2.)The present appeals raise an interesting question as to the interpretation of Section 12(5) of the Arbitration and Conciliation Act, 1996 ["Act"].
(3.)The appellant, Bharat Broadband Network Ltd. ["BBNL"], had floated a tender dated 05.08.2013 inviting bids for a turnkey project for supply, installation, commissioning, and maintenance of GPON equipment and solar power equipment. The respondent was the successful L1 bidder. The appellant issued an Advance Purchase Order ["APO"] dated 30.09.2014. Clause III.20.1 of the General (Commercial) Conditions of Contract ["GCC"] provides for arbitration. The said clause reads as under:
"111.20 ARBITRATION
III.20.1 In the event of any question, dispute or difference arising under the agreement or in connection therewith (except as to the matters, the decision to which is specifically provided under this agreement), the same shall be referred to the sole arbitration of the CMD, BBNL or in case his designation is changed or his office is abolished, then in such cases to the sole arbitration of the officer for the time being entrusted (whether in addition to his own duties or otherwise) with the functions of the CMD, BBNL or by whatever designation such an officer may be called (hereinafter referred to as the said officer), and if the CMD or the said officer is unable or willing to act as such, then to the sole arbitration of some other person appointed by the CMD or the said officer. The agreement to appoint an arbitrator will be in accordance with the Arbitration and Conciliation Act 1996. There will be no object to any such appointment on the ground that the arbitrator is a Government Servant or that he has to deal with the matter to which the agreement relates or that in the course of his duties as a Government Servant/PSU Employee he has expressed his views on all or any of the matters in dispute. The award of the arbitrator shall be final and binding on both the parties to the agreement. In the event of such an arbitrator to whom the matter is originally referred, being transferred or vacating his office or being unable to act for any reason whatsoever, the CMD, BBNL or the said officer shall appoint another person to act as an arbitrator in accordance with terms of the agreement and the person so appointed shall be entitled to proceed from the stage at which it was left out by his predecessors."
(2.)The present appeals raise an interesting question as to the interpretation of Section 12(5) of the Arbitration and Conciliation Act, 1996 ["Act"].
(3.)The appellant, Bharat Broadband Network Ltd. ["BBNL"], had floated a tender dated 05.08.2013 inviting bids for a turnkey project for supply, installation, commissioning, and maintenance of GPON equipment and solar power equipment. The respondent was the successful L1 bidder. The appellant issued an Advance Purchase Order ["APO"] dated 30.09.2014. Clause III.20.1 of the General (Commercial) Conditions of Contract ["GCC"] provides for arbitration. The said clause reads as under:
"111.20 ARBITRATION
III.20.1 In the event of any question, dispute or difference arising under the agreement or in connection therewith (except as to the matters, the decision to which is specifically provided under this agreement), the same shall be referred to the sole arbitration of the CMD, BBNL or in case his designation is changed or his office is abolished, then in such cases to the sole arbitration of the officer for the time being entrusted (whether in addition to his own duties or otherwise) with the functions of the CMD, BBNL or by whatever designation such an officer may be called (hereinafter referred to as the said officer), and if the CMD or the said officer is unable or willing to act as such, then to the sole arbitration of some other person appointed by the CMD or the said officer. The agreement to appoint an arbitrator will be in accordance with the Arbitration and Conciliation Act 1996. There will be no object to any such appointment on the ground that the arbitrator is a Government Servant or that he has to deal with the matter to which the agreement relates or that in the course of his duties as a Government Servant/PSU Employee he has expressed his views on all or any of the matters in dispute. The award of the arbitrator shall be final and binding on both the parties to the agreement. In the event of such an arbitrator to whom the matter is originally referred, being transferred or vacating his office or being unable to act for any reason whatsoever, the CMD, BBNL or the said officer shall appoint another person to act as an arbitrator in accordance with terms of the agreement and the person so appointed shall be entitled to proceed from the stage at which it was left out by his predecessors."
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