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2023 Supreme(Del) 1027

PRATEEK JALAN
Mahanagar Telephone Nigam Limited – Appellant
Versus
Canara Bank – Respondent


Advocates appeared:
Mr. Balbir Singh, ASG with Mr. Sameer Jain, Ms. Rashmi Malhotra, Mr. Suvigya Awasthy, Mr. Amit Meharia, Ms. Jayashree Parihar, Mr. Vivek Joshi, Mr. Rohan Gulati, Mr. Abhishek Agarwal, Ms. Anu Sura & Ms. Vidushi Tripathi, Advocates, for the Petitioner.
Mr. Chinmoy Sharma, Senior Advocate with Mr. Amish Ram Dabas, Ms. Shreya S. Dabas, Mr. Irfan Hasieb, Mr. Krishnajyoti Deka & Mr. Rishabh Munjal, Advocates, for the Respondent-1.
Mr. Santosh Paul, Senior Advocate with Mr. Anil Kumar Chandel & Ms. Mathreya Shetty, Advocates, for the Respondent-2.

JUDGMENT

Prateek Jalan, J.

I.A. 14319/2022 [Application on behalf of the petitioner under Section 36(2) of the Arbitration and Conciliation Act, 1996 seeking stay of the impugned award dated 03.03.2022]

1. This application has been filed by the petitioner-Mahanagar Telephone Nigam Limited [hereinafter, "MTNL"] for stay of enforcement of an arbitral award dated 03.03.2022, which is under challenge in O.M.P.(COMM) 312/2022.

2. The transactions between the parties relate back to the period 1991-92. Pursuant to guidelines issued by the Government of India regarding flotation of bonds issued by Public Sector Undertakings [hereinafter, "PSUs"] in the telecommunications and power sectors, MTNL was granted permission for issuance of bonds on 17.12.1991.

3. MTNL and CanBank Financial Services Ltd. [respondent No. 2, hereinafter "CanFina"] entered into a Memorandum of Understanding dated 10.02.1992, under which Letters of Allotment ["LoAs"] were to be issued and CanFina was to subscribe to bonds issued by MTNL. It was provided that the consideration would not be paid by CanFina to MTNL immediately, but be invested with CanFina. The dispute between the parties revolves around the nature of t

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