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2016 Supreme(Del) 3428

MANMOHAN SINGH
VIOM NETWORKS LIMITED – Appellant
Versus
VIDEOCON TELECOMMUNICATIONS LIMITED – Respondent


Advocates Appeared:
For the Appellant : Mr.Sandeep Sethi, Sr. Adv. with Mr.Amar Gupta, Mr.Manish Jha, Mr. Divyam Agarwal & Ms.Vandana Anand, Advs.
For the Respondent: Mr. Akhil Sibal, Adv. with Mr. Sndeep S. Ladda, Ms. Shikha Sarin, Mr. Nakul Mohta, Mr. Yashvardhan, Mr.Soumik Ghosal & Mr. Devender Singh Advs. Mr. Arvind Bali, CEO, Mr. Mansukhlal Panalal Surpuriya, Mr. Subhash Shamsunder Dayama, Directors and Mr. C.A. Nagarkar, Company Secretary, in person. Mr. Amit Singh Chadha, Sr.Adv. with Mr. Anil Kumar Sangal, Mr. Siddharth Sangal & Mr. Sahil Mongia, Advs.

JUDGMENT :

MANMOHAN SINGH, J.

1. The present petition has been filed under Section 9 of the Arbitration and Conciliation Act, 1996 (for short, called "the Act"), pending arbitration, seeking interim protection by way of an ex-parte ad-interim order directing the respondent to furnish reasonable security in the sum of Rs.2,007,251,671/-. The petitioner was also seeking an ex parte ad-interim order restraining the respondent from selling, transferring or otherwise alienating or creating any third party interest in its spectrum in the States of Bihar, Gujarat, Haryana, Madhya Pradesh, UP (East) and UP (West) circle. The same has already been sold to a third party on 24th May, 2016 as admitted by the parties. The respondent even prior to the filing of the petition had informed the petitioner by way of communication that the respondent is discontinuing its mobile services with effect from 31st May, 2016, after selling its entire spectrum in all six circles to Bharti Airtel Limited.

It is submitted by the petitioner that if the amount is not secured during the pendency of arbitral process, the

















































































































































































































































































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