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DELHI HIGH COURT
SANJEEV NARULA
Times Internet Limited – Appellant
Versus
Bharat Sanchar Nigam Limited – Respondent


Table of Content
1. factual background of the arbitration dispute. (Para 1 , 2)
2. arguments presented by both parties. (Para 3 , 4 , 5 , 6)
3. court's analysis of the arbitration agreement. (Para 7 , 8 , 9 , 10 , 11)
4. court's decision on appointing a new arbitrator. (Para 12 , 13 , 14)
5. final conclusion and order granted by the court. (Para 15 , 16 , 17 , 18 , 19)

JUDGMENT

[VIA HYBRID MODE]

Sanjeev Narula, J. (Oral)--The present petition has been filed under Section 14 and 15 of the Arbitration and Conciliation Act, 1996 [hereinafter, "the Act"] by the Petitioner - Times Internet Limited [hereinafter, "TIMES"] against the Respondent - Bharat Sanchar Nigam Limited [hereinafter, "BSNL"] seeking termination of mandate of the Arbitral Tribunal and appointment of a Substitute Arbitrator.

FACTS

2. Before adverting to the contentions of the parties, a brief narration of facts is necessary, which is summarised as follows:

2.1. On 28th January, 2013 the parties entered into an Agreement wherein TIMES was to provide `Voice-Based Value Added Services through Interactive Voice Response ("IVR") or Human Assisted Platform to the GSM/CDMA/PSTN Subscribers of BSNL' [hereinafter, "the Agreement"]

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