Shreetron India Limited v. Bharat Sanchar Nigam Limited & ANR

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) 51/2017 AND CM APPL. 7146/2017 SHREETRON INDIA LIMITED ..... Appellant Through Mr. Davinder N. Grover, Advocate.

versus BHARAT SANCHAR NIGAM LIMITED & ANR ..... Respondents Through Mr. Ajay Kumar, Adv.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE A. K. CHAWLA

O R D E R

% 03.10.2018 The impugned order-challenged by the appellant has merely followed the judgment of the Supreme Court in Northern Coalfield Ltd. v. Heavy Engineering Corp. Ltd. (Civil Appeal 6296/2016 decided on 13.07.2016). The court held that the award or decision of the permanent mechanism could not be treated as an arbitration award and that the concerned party had the remedy of seeking arbitration, under the provisions of the contract. This court is of the opinion that there is no infirmity in the impugned order; the concerned aggrieved party i.e. the appellant is therefore at liberty to invoke arbitration clause and for appropriate relief available to it under law. The appeal is accordingly dismissed. Pending applications also stand disposed of.

S. RAVINDRA BHAT, J A. K. CHAWLA, J OCTOBER 03, 2018/rc