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2018 Supreme(Del) 1574

RAJIV SAHAI ENDLAW
BHARTI TELE-VENTURES LTD. – Appellant
Versus
DSS ENTERPRISES PVT LTD – Respondent


Advocates:
Advocate Appeared:
For the Plaintiffs : Mr. Gopal Jain, Sr. Adv. with Mr. Tejveer Bhatia, Ms. Kriti Pujari and Mr. Rohan Swarup, Advs.
For the Defendant : Mr. Vineet Jhanji and Mr. Imran Maulaey, Advs.

JUDGMENT :

1. The plaintiff no.1 Bharti Tele-Ventures Ltd. (BTVL) instituted this suit, for (i) declaration that the request dated 22nd August, 2003 submitted by defendant no.1 DSS Enterprises Pvt. Ltd. (DSS) to defendant no.6 ICC International Court of Arbitration (ICC) is illegal and invalid and that the communication dated 28th August, 2003 issued by ICC pursuant thereto is illegal and invalid; (ii) permanent injunction prohibiting ICC from acting upon or commencing any proceeding pursuant to the request dated 22nd August, 2003 of DSS for arbitration; and, (iii) permanent injunction restraining DSS from seeking to make reference and / or commencing arbitration proceeding on the basis of Arbitration Agreement contained in the Joint Venture Agreement (JVA) dated 12th August, 1992.

2. It was inter alia the case of BTVL in the plaint that:

(a) on 3rd March, 1992, Skycell Communications Ltd. (Skycell) was incorporated;

(b) on 12th August, 1992, a JVA was entered into between DSS, defendant no.2 Crompton Greaves Ltd. (CGL), defendant no.3 BellSouth International (Asia/Pacific) Inc., USA (BellSouth) and defendant no.4 Millicom International Cellular S.A., Luxembourg (Millicom), to subscrib
























































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