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2013 Supreme(Del) 1495

RAJIV SAHAI ENDLAW
Viom Network Ltd. – Appellant
Versus
S. Tel Pvt. Ltd. – Respondent


Advocate Appeared:
For the Petitioners:Sanjay Jain, J.P. Sengh, Sr. Advs. with Ms. Anuradha Mukherjee, Abhijit Mittal, Omar Ahmad, Manu, Advocates.
For the Respondent:Dayan Krishan with Gautam Narayan, Amit Gupta, Ms. Asmita Singh, Nikhil Menon, S. Rana, Sanjay Bhatt, Abhishek Anand, Advocates, Sudhir Nandrajog, Sr. Adv.

Judgment :

Rajiv Sahai Endlaw, J.

1. The common objection of the respondent S Tel Pvt. Ltd. to all these petitions is that, notwithstanding the existence of the arbitration clause in the agreement, subject matter of each of these petitions, between the petitioner/its predecessor and the respondent, the remedy of arbitration under the Arbitration and Conciliation Act, 1996 (Arbitration Act) is not available for the reason of the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) having the exclusive jurisdiction over the disputes raised, under Section 14 read with Section 15 of the Telecom Regulatory Authority of India Act, 1997 (TRAI Act).

2. Both the petitioners i.e. Viom Network Ltd. and Bharti Infratel Ltd. are a Telecom Infrastructure Service Provider registered as Infrastructure Provider Category-I (IP-I) with the Department of Telecommunications (DoT) and are engaged in the business of building, owning or validly possessing and operating passive infrastructure sites and providing passive telecom infrastructure service to various telecom operators. The respondent S Tel Pvt. Ltd. was on the contrary, a telecom operator, having acquired Unified Access Service Licences t

























































































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