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BHARAT SANCHAR NIGAM LIMITED v. NATIONAL TELECOM OF INDIA LTD.

Supreme Court of India | Diary 1014/2019

Status

ROP - of Main Case

Decided On

20-05-2025

Bench

HON'BLE MR. JUSTICE DIPANKAR DATTA and HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH

Petitioner

BHARAT SANCHAR NIGAM LIMITED

Respondent

NATIONAL TELECOM OF INDIA LTD.

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Full Judgment Text

ITEM NO.19 COURT NO.3 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS PETITION(S) FOR SPECIAL LEAVE TO APPEAL (C) NO(S). 4831/2019 [Arising out of impugned final judgment and order dated 04-10-2018 in OMP No. 165/2016 passed by the High Court of Delhi at New Delhi] BHARAT SANCHAR NIGAM LIMITED Petitioner(s) VERSUS NATIONAL TELECOM OF INDIA LTD. Respondent(s) Date : 20-05-2025 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE UJJAL BHUYAN For Petitioner(s) :Mr. Dinesh Agnani, Sr. Adv. Mr. Piyush Sharma, AOR Ms. Leena Tuteja, Adv. Mr. Anuj Kumar Sharma, Adv. For Respondent(s) :Mr. Basava Prabhu Patil, Sr. Adv. Mr. Harsh V. Surana, AOR Dr. Harsh Surana, Adv. Mr. Rudresh Kumar, Adv. Ms. Deepali Surana, Adv. Mr. Karan Shankla, Adv. Mr. Kumar Ajit Singh, Adv. UPON hearing the counsel the Court made the following O R D E R List on 22 nd July, 2025. (KAVITA PAHUJA) (AVGV RAMU) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)

ITEM NO.3 COURT NO.4 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS PETITION(S) FOR SPECIAL LEAVE TO APPEAL (C) NO(S). 4831/2019 [Arising out of impugned final judgment and order dated 04-10-2018 in OMP No. 165/2016 passed by the High Court of Delhi at New Delhi] BHARAT SANCHAR NIGAM LIMITED Petitioner(s) VERSUS NATIONAL TELECOM OF INDIA LTD. Respondent(s) Date : 07-05-2025 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE UJJAL BHUYAN For Petitioner(s): Mr. Dinesh Agnani, Sr. Adv. Mr. Piyush Sharma, AOR Ms. Leena Tuteja, Adv. Mr. Anuj Kumar Sharma, Adv. For Respondent(s): Mr. Basava Prabhu Patil, Sr. Adv. Dr. Harsh Surana, Adv. Mr. Kumar Ajit Singh, Adv. Mr. Rudresh Kumar, Adv. Mr. Karan Shankla, Adv. Ms. Deepali Surana, Adv. Mr. Harsh V. Surana, AOR UPON hearing the counsel the Court made the following O R D E R We have perused our earlier order dated 20 th January, 2025. Time of two months was given under the said order to the respondent/Company to deposit with the High Court the entire amount received by it under the Award. Time of two months has expired on 19 th March, 2025. Prima facie, it appears to us that the respondent/Company has committed a wilful breach of the order dated 20 th January, 2025. We requested the learned senior counsel appearing for the 1

respondent/Company to place on record the names of the Directors of the respondent. He has accordingly placed on record the names and addresses of the Directors. Accordingly, we issue notice to Shri Ashok K. Sanghani, Managing Director, Shri Bharat K. Sanghani, Director and Shri Parag Sawant, Additional Director of the respondent/Company, calling upon them to show cause why they should not be punished for committing civil contempt. The notice is made returnable on 20 th May, 2025. A copy of this order shall accompany the notice. The address details of the noticees supplied by the learned counsel for the respondent are as under: “(i) 201, Vishal Apt., Jankikutir, Juhu Church Road, Juhu, Mumbai – 400049; and (ii) Unit No.12, Shyam Estate, Mahajanwadi behind Thakur Mall, Mira Road (E), Thane, Maharashtra (401107)” Dasti, in addition, is permitted. We direct the noticees to personally remain present in the Court on the next date. (ASHISH KONDLE) (AVGV RAMU) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) 2

ITEM NO.44 COURT NO.4 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petitionfor Special Leave to Appeal (C) No. 4831/2019 [Arising out of impugned judgment and order dated 04-10-2018 in OMP No. 165/2016 passed by the High Court of Delhi at New Delhi] BHARAT SANCHAR NIGAM LIMITED Petitioner(s) VERSUS NATIONAL TELECOM OF INDIA LTD. Respondent(s) (I.A. NO.61009/2025-MODIFICATION OF COURT ORDER DATED 20.01.2025) Date : 28-03-2025 This petition was called on for hearing today. CORAM HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE UJJAL BHUYAN For Petitioner(s) Mr. Dinesh Agnani, Sr. Adv. Mr. Piyush Sharma, AOR Ms. Leena Tuteja, Adv. Mr. Anuj Kumar Sharma, Adv. For Respondent(s) Mr. Shoib Alam, Sr. Adv. Mr. Sandeep Sudhakar Deshmukh, AOR Mr. Nishant Sharma, Adv. Mr. Ankur S. Savadikar, Adv. Mr. Viraj M. Parakh, Adv. UPON hearing the counsel the Court made the following O R D E R I.A. NO.61009/2025 Heard the learned senior counsel appearing for the respondent. The application is completely frivolous and is rejected. Considering the admitted position recorded in the order dated 20 th January, 2025, the petition to be listed on the top of the list on 7 th May, 2025. (GEETA JOSHI) (AVGV RAMU) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)

ITEM NO.37 COURT NO.5 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS PETITION(S) FOR SPECIAL LEAVE TO APPEAL (C) NO(S). 4831/2019 [Arising out of impugned final judgment and order dated 04-10-2018 in OMP (ENF) (COMM) No. 165/2016 passed by the High Court of Delhi at New Delhi] BHARAT SANCHAR NIGAM LIMITED Petitioner(s) VERSUS NATIONAL TELECOM OF INDIA LTD. Respondent(s) Date : 20-01-2025 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE UJJAL BHUYAN For Petitioner(s): Mr. Dinesh Agnani, Sr. Adv. Mr. Piyush Sharma, AOR Mr. Shivam Dubey, Adv. Ms. Leena Tuteja, Adv. Mr. Anuj Kumar Sharma, Adv. For Respondent(s): Mr. Shekar Naphde, Sr. Adv. Mr. Sriram P., AOR Mr. Pramod Singh, Adv. UPON hearing the counsel the Court made the following O R D E R The learned Arbitrator made an award dated 10 th July, 2007. The operative part of the award dated 10 th July, 2007 reads as under: “ In the net result this Arbitral Tribunal makes the following Award: “(i) That the respondent shall pay to the petitioner/claimant a sum of Rs.1,09,00,000 /- (Rupees One Crore Nine Lacs only) towards cost of goods (SLC 6/15 numbering 266) fabricated/manufactured by the petitioner/claimant in pursuance of Advance Purchase Order dated 11.12.1996, issued by the respondent together with simple interest @ 12% p.a. on the above amount from 1

01.04.1997 till actual payment; (ii) That in addition to (i) above the respondent shall also pay to the petitioner/claimant a sum of Rs.3,46,580/- (Rupees Three Lacs Forty Six thousand five Hundred Eighty only) towards the cost of the present proceedings; and (iii) That on receipt of the payment of the above awarded sum from the respondent, the petitioner/ claimant within 15 days from the receipt of such payment shall offer delivery/return of the goods (SLC 6/ 15, numbering 266) manufactured by the petitioner/claimant 1n pursuance of APO dated 11.12.1996 to the respondent. In case the respondent despite receipt of such a communication, fails to take the delivery/lift the above mentioned goods in question within a period of 30 days from the date of receipt of such communication from the end of the petitioner/claimant, the petitioner/ claimant in such an eventuality would be at liberty to dispose of those goods in the manner as may be deemed fit by the petitioner/claimant but after advance notice to the respondent. The proceeds of these goods so r eceived by the petitioner/claimant, after the disposal of the goods in question, in the manner stated above, shall be paid by the petitioner/claimant to the respondent soon thereafter. This is being ordered keeping in view the equity because after the payment of the awarded amount the goods so manufactured virtually belong to the respondent. ...” The award has attained finality after dismissal of the petition under Section 34 of the Arbitration and Conciliation Act, 1996 (for short, “the Arbitration Act”), appeal under Section 37 of the Arbitration Act and the Special Leave Petition. An execution application was filed for execution of the award. The entire amount payable by the petitioner was deposited. Only after the amount was deposited, the respondent made an application before the executing Court that that the factory of the respondent was closed in the year 2003 and, unknowingly, the equipment, which was to be returned as per clause (iii) of the operative part of the 2

award, has been removed by the caretaker of the premises considering it to be a scrap. The following conduct of the respondent stares at the face: (a) The respondent did not bring this fact to the notice of the executing Court till the petitioner deposited the entire amount payable as per the award; (b) The fact that the equipment has been removed was brought to the notice of the executing Court only after the amount deposited by the petitioner was withdrawn by the respondent; and (c) The respondent did not disclose even the date on which the equipment was disposed of. Not a single document was produced to show the manner in which the equipment was disposed of. Considering this conduct of the respondent, we direct the respondent to deposit with the High Court the entire amount received by it under the award within a period of two months from today. The said amount shall be invested in a fixed deposit with any nationalised bank and it shall be renewed from time to time. The observations made in this order are only prima facie observations. For considering the compliance and fixing a date for hearing, list the Petition 28 th March, 2025. (ASHISH KONDLE) (AVGV RAMU) AR-CUM-PS COURT MASTER (NSH) 3

ITEM NO.42 COURT NO.5 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 4831/2019 [Arising out of impugned final judgment and order dated 04-10-2018 in OMP No.165/2016 passed by the High Court of Delhi at New Delhi] BHARAT SANCHAR NIGAM LIMITED Petitioner(s) VERSUS NATIONAL TELECOM OF INDIA LTD. Respondent(s) Date : 03-01-2025 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH For Petitioner(s) Mr. Piyush Sharma, AOR Mr. Anuj Kumar Sharma, Adv. Ms. Leena Tuteja, Adv. For Respondent(s) Mr. Shekar Naphde, Sr. Adv. Mr. Sriram P., AOR Mr. Nalukettil A S Nair, Adv. Ms. Maneesha Sunil Kumar, Adv. Ms. Anjali Singh, Adv. Ms. Isha Singh, Adv. Ms. Neha Kumari, Adv. Mr. Vishnu Shankar, Adv. Mr. Sohan Lal Adak, Adv. UPON hearing the counsel the Court made the following O R D E R The learned counsel for the petitioner mentioned the matter for seeking adjournment. To be listed on 20 th January, 2025. (ANITA MALHOTRA) (AVGV RAMU) AR-CUM-PS COURT MASTER

ITEM NO.55 COURT NO.8 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 4831/2019 (Arising out of impugned final judgment and order dated 04-10-2018 in OMP No. 165/2016 passed by the High Court Of Delhi At New Delhi) BHARAT SANCHAR NIGAM LIMITED Petitioner(s) VERSUS NATIONAL TELECOM OF INDIA LTD. Respondent(s) Date : 01-09-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE ARAVIND KUMAR For Petitioner(s) Mr. Dinesh Agnani, Sr. Adv. Mr. Piyush Sharma, AOR Mr. Shivam Dubey, Adv. Mrs. Leena Tuetja, Adv. Mr. Anuj Sharma, Adv. Ms. Ishita Kadyan, Adv. For Respondent(s) Mr. Shekar Naphde, Sr. Adv. Mr. Sriram P., AOR Mr. Pramod Singh, Adv. UPON hearing the counsel the Court made the following O R D E R List after seven weeks. (NEETA SAPRA) (BEENA JOLLY) COURT MASTER (SH) COURT MASTER (NSH)

ITEM NO.27 COURT NO.8 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s).4831/2019 (Arising out of impugned final judgment and order dated 04-10-2018 in OMP No. 165/2016 passed by the High Court Of Delhi At New Delhi) BHARAT SANCHAR NIGAM LIMITED Petitioner(s) VERSUS NATIONAL TELECOM OF INDIA LTD. Respondent(s) Date : 25-07-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE ARAVIND KUMAR For Petitioner(s) Mr. Dinesh Agnani, Sr. Adv. Mr. Piyush Sharma, AOR Ms. Leena Tuteja, Adv. Mr. Anuj Sharma, Adv. Ms. Ishita Kadyan, Adv. For Respondent(s) Mr. Shekar Naphade, Sr. Adv. Mr. Sriram P., AOR Mr. Pramod Singh, Adv. Ms. Aishwarya Dash, Adv. Mr. Prashant Pratap, Adv. Mr. Farah Hashmi, Adv. Mr. Anmol Stephen, Adv. Mr. Sanjay Kumar, Adv. UPON hearing the counsel the Court made the following O R D E R List on 01.09.2023. (RAVI ARORA) (BEENA JOLLY) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)

ITEM NO.39 COURT NO.13 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 4831/2019 (Arising out of impugned final judgment and order dated 04-10-2018 in OMP No. 165/2016 passed by the High Court Of Delhi At New Delhi) BHARAT SANCHAR NIGAM LIMITED Petitioner(s) VERSUS NATIONAL TELECOM OF INDIA LTD. Respondent(s) Date : 01-05-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE DIPANKAR DATTA For Petitioner(s) Mr. Piyush Sharma, AOR Mrs. Leena Tuteja, Adv. Mr. Shivam Dubey, Adv. Mr. Anuj Sharma, Adv. Ms. Ishita, Adv. For Respondent(s) Sriram P., AOR Mr. Pramod Singh, Adv. Ms. Aishwarya Dash, Adv. Dr. Prashant Pratap, Adv. Ms. Farah Hashmi, Adv. Mr. Anmol Stephen, Adv. Mr. Sanjay Kumar, Adv. Mr. Shekar Naphde, Sr. Adv. UPON hearing the counsel the Court made the following O R D E R List the matter after ensuing summer vacations. (HARSHITA UPPAL) (MATHEW ABRAHAM) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)

ITEM NO.3 COURT NO.13 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 4831/2019 (Arising out of impugned final judgment and order dated 04-10-2018 in OMP No. 165/2016 passed by the High Court Of Delhi At New Delhi) BHARAT SANCHAR NIGAM LIMITED Petitioner(s) VERSUS NATIONAL TELECOM OF INDIA LTD. Respondent(s) Date : 21-04-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE DIPANKAR DATTA For Petitioner(s) Mr. Piyush Sharma, AOR Ms. Leena Tuteja, Adv. Mr. Anuj Sharma, Adv. Ms. Ishita, Adv. For Respondent(s) Sriram P., AOR Mr. Sekhar Naphde, Sr. Adv. Mr. Pramod Singh, Adv. Mr. Anmol Stephen, Adv. Mr. Sanjay Kunar, Adv. Mr. Sriram P, Adv. UPON hearing the counsel the Court made the following O R D E R List on 01.05.2023. (HARSHITA UPPAL) (MATHEW ABRAHAM) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)

ITEM NO.53 REGISTRAR COURT. 1 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR ANIL LAXMAN PANSARE Petition(s) for Special Leave to Appeal (C) No(s). 4831/2019 BHARAT SANCHAR NIGAM LIMITED Petitioner(s) VERSUS NATIONAL TELECOM OF INDIA LTD. Respondent(s) Date : 07-05-2019 This petition was called on for hearing today. For Petitioner(s) Mr. Ishaan Chawla, Adv. Mr. Piyush Sharma, AOR For Respondent(s) Ms. Swati Sharma, Adv. Allan Massng, Adv. Sriram P., AOR UPON hearing the counsel the Court made the following O R D E R Ld. Counsel for the respondent submits that copy of pleadings has been received. When asked why counter affidavit is not filed till today, she is unable to explain. However, she seeks last opportunity to file counter affidavit. Four weeks' time, as last opportunity is granted for filing counter affidavit. Registry to process the matter for listing before the Hon'ble Court after completion of period of four weeks whether counter affidavit is filed or not as further opportunity stands declined. ANIL LAXMAN PANSARE Registrar

ITEM NO.57 REGISTRAR COURT. 1 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR ANIL LAXMAN PANSARE Petition(s) for Special Leave to Appeal (C) No(s). 4831/2019 BHARAT SANCHAR NIGAM LIMITED Petitioner(s) VERSUS NATIONAL TELECOM OF INDIA LTD. Respondent(s) Date : 29-03-2019 This petition was called on for hearing today. For Petitioner(s) Mr. Piyush Sharma, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Service is complete on the sole respondent. Ld. Advocate, Mr. Allan Massng appears for the sole respondent. He submits that Advocate-on-record is yet to be engaged. He seeks one week's time for filing vakalatnama. Time is granted. Ld. Counsel for the sole respondent requested for complete set of pleadings. Ld. Counsel for the petitioner is directed to serve complete set of pleadings within one week after filing vakalatnama and file proof thereof. Counter affidavit be filed within four weeks thereafter. List again on 7.5.2019. ANIL LAXMAN PANSARE Registrar

ITEM NO.11 COURT NO.5 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 1014/2019 (Arising out of impugned final judgment and order dated 04-10-2018 in OMP No. 165/2016 passed by the High Court of Delhi at New Delhi) BHARAT SANCHAR NIGAM LIMITED Petitioner(s) VERSUS NATIONAL TELECOM OF INDIA LTD. Respondent(s) (FOR ADMISSION and I.R. and IA No.19289/2019-CONDONATION OF DELAY IN FILING) Date : 11-02-2019 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE VINEET SARAN For Petitioner(s) Mr. Dinesh A., Sr. Adv. Ms. Leena Tuteja, Adv. Mr. Piyush Sharma, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay condoned. Issue notice. (NIDHI AHUJA) (INDU KUMARI POKHRIYAL) COURT MASTER (SH) ASSISTANT REGISTRAR

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