S. RAVINDRA BHAT, J.

Facts

1. This appeal under Section 13(1) of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (hereafter “CC Act”) impugns the decision of a Learned Single Judge of this Court dated 28.02.2017 in OMP (I) No. 558/2015.

2. The facts are that on 28.01.2005 an agreement was entered into at Bangalore for the Lease of Space Segment Capacity on ISRO/Antrix S-Band Spacecraft between Devas (referred to hereafter by its name, an incorporated company registered office at Bangalore), and the appellant (hereafter “Antrix”) a Union Government of India undertaking also with its registered office at Bangalore. Article 20 of the agreement provided for arbitration as the method for resolving disputes arising out of the agreement.

3. On 17.02.2011, the Union Cabinet Committee on Security (“CCS”) resolved to deny orbital slot in S-band to Antrix for any commercial activities and to direct annulment of the Agreement (dated 28.01.2005). Antrix consequently terminated the agreement by letter of termination issued to Devas, dated 25.02.2011. Subsequently, invoking the arbitration clause, on 29.05.2011, Devas approached the Inte