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2017 Supreme(Del) 4567

YOGESH KHANNA
ATC TELECOM INFRASTRUCTURE PRIVATE LIMITED – Appellant
Versus
RELIANCE COMMUNICATIONS LIMITED – Respondent


Advocates Appeared:
For the Petitioner: Mr. Sandeep Sethi, Mr. Rajshekhar Rao, Mr. Krishnayan Sen, Mr. Ankit Jain, Mr. Rishad A. Choudhary
For the Respondents: Mr. Ravindra Shrivastava, Mr. Manan Shukla, Mr. Vaidhav Niti, Ms. Surabhi Limaye, Mr. Akhil Sibal, Mr. Shivek Trehan

JUDGMENT :

YOGESH KHANNA, J.

1. The respondents appear on advance notice.

2. This petition is under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred as ‘the Act’) seeking prayers as per the clause (a) to (g) stated therein.

3. The petitioner herein, a combined entity of Wireless TT Info Services Limited (hereinafter referred as ‘WTTIL’) and passive infrastructure business of Quippo Telecom Infrastructure Limited (hereinafter referred as the ‘QTIL’) is one of the leading independent Passive Telecom Infrastructure Providers in India and is a wholly owned subsidiary of American Tower Corporation (hereinafter referred as the ‘ATC’).

4. The petitioner is holder of a registered certificate of Infrastructure Provider Category–I (IP-1 Category) issued by the Department of Telecommunications, Government of India and accordingly built, owned and operate passive telecommunication infrastructure sites across India providing such services for various telecom operators.

5. The petitioner installed towers incurring the upfront capital expenditure (Capex) and lease the towers to telecom operators through long term agreements called ‘Master Services Agreements’. The towers ar










































































































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