Atc Telecom Infrastructure Private Ltd. v. Quadrant Televentures Limited. & ANR.

$~21 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(I) (COMM.) 190/2017 and IA Nos. 7893/2017, 14481/2017 & 14507/2017 ATC TELECOM INFRASTRUCTURE PRIVATE LTD.

..... Petitioner Through:

Mr Manish Jha and Mr Divyam Agarwal, Advocates.

versus QUADRANT TELEVENTURES LIMITED.

& ANR.

..... Respondents Through:

Mr Akhil Sibal, Senior Advocate with Mr Yashvardhan, Mr Samik Ghoshal and Mr Devender Singh, Advocates.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 07.03.2018 1.

The learned counsel appearing for the parties submit that the present petition may be disposed of conforming the ad interim order passed on 31.05.2017 with liberty to the parties to approach the Arbitral Tribunal for modification/vacation of the said order.

2.

The learned counsel appearing for the respondents also states that the respondents have no objection for removal of the equipment in question. However, the same would require approximately 3 to 4 months. 3.

In view of the above submissions, it is directed that the order dated 31.05.2017 shall continue to be operative till the conclusion of the arbitral proceedings. It is clarified that the parties shall be at liberty to approach the Arbitral Tribunal for modification/vacation of the said order. Needless to

state that the Arbitral Tribunal shall consider the application for modification/vacation of the order dated 31.05.2017 (as conformed by this order) uninfluenced by any observation made by this Court in these proceedings.

4.

The respondents are also directed to remove the telecom equipment from the towers in question as early as possible and in any event not later than four months from today.

5.

The petition is disposed of. All the pending applications also stand disposed of.

VIBHU BAKHRU, J MARCH 07, 2018 RK