BHARAT BROADBAND NETWORK LIMITED vs UNITED TELECOMS LIMITED — C.A. No. 3972/2019
Case under Section XIV-A. Status: DISPOSED.
CNR: SCIN010010702018
Filing Date
09-01-2018 03:15 PM
Registration No
C.A. No. 3972/2019
Diary Number
1070/2018
Order Date
16-04-2019
Document Type
Judgement - of Main Case
Neutral Citation
2019 INSC 537
Disposal Type
Leave Granted & Allowed
Acts & Sections
Petitioner(s)
BHARAT BROADBAND NETWORK LIMITED
Adv. ANIRUDDHA P. MAYEE (Dead / Retired / Elevated)
Respondent(s)
UNITED TELECOMS LIMITED
Adv. UNUC LEGAL LLP[R-1]
Hearing History
Judge: HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN and HON'BLE MR. JUSTICE VINEET SARAN
Fixed Date by Court
Mention Memo
Fixed Date by Court
Fixed Date by Court
Ordinary
| Date | Purpose |
|---|---|
| 16-04-2019 | Fixed Date by Court |
| 08-04-2019 | Mention Memo |
| 10-08-2018 | Fixed Date by Court |
| 17-05-2018 | Fixed Date by Court |
| 04-04-2018 | Ordinary |
Orders
Summary of Bharat Broadband Network Limited v. United Telecoms Limited (C.A. No. 003972/2019) The Supreme Court held that an arbitrator who falls under the Seventh Schedule of the Arbitration and Conciliation Act (ineligible under Section 12(5)) becomes de jure unable to perform his functions, and his mandate terminates automatically without requiring the challenge procedure of Section 13. The Court ruled that the waiver proviso to Section 12(5) requires an express written agreement between parties made after disputes arise, with full knowledge of the arbitrator's ineligibility—mere filing of a statement of claim or issuance of an appointment letter does not constitute such express agreement. This case analysis is maintained by casestatus.in based on publicly available court records.
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