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2012 Supreme(Del) 1897

S.MURALIDHAR
Bharti Cellular Limited – Appellant
Versus
Department Of Tele-communicaitons – Respondent


Advocates appeared:
For the Petitioner:Dr. A.M. Singhvi, Senior Advocate, with Gopal Jain, with Harsh Kaushik, Advocates.
For the Respondent:Rajeeve Mehra, A.S.G., with Sumeet Pushkarna, Ashish Virmani, Advocates.

Judgment :

1. The Petitioner, Bharti Cellular limited (‘BCL’) [earlier known as Bharti Mobile Limited (‘BML’)], has in this petition under Section 34 of the Arbitration and Conciliation Act, 1996 (‘the 1996 Act’) challenged an Award dated 20th December 2002 passed by the learned sole Arbitrator in the disputes between the Petitioner and the Respondent Department of Telecommunications (‘DOT’) arising out of a license agreement dated 26th December 1995 for provision of Cellular Mobile Telephone Service (‘CMTS’) in various telecom circles including Punjab. By the impugned Award the learned Arbitrator rejected the claim of BML for refund of the amount of license fee together with interest paid by it to the DOT subject to the finding that if the Telecom Disputes Settlement and Appellate Tribunal (‘TDSAT’) or in any further appeal/further proceedings, it was finally held that BML was not liable to pay interest for the period of 52 days, i.e., from 18th April 1996 to 11th June 1997 then the DOT would refund the said amount to BML.

Background facts

1. 2. Prior to 29th March 2000 BML was known as M/s. JT Mobiles Limited (‘JTM’). The name of JTM was changed to BML by a certificate dated 29th




























































































































































































































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