BHARAT BROADBAND NETWORK LIMITED vs UNITED TELECOMS LIMITED — C.A. No. 3972/2019

Case under Section XIV-A. Status: DISPOSED.

CNR: SCIN010010702018

DISPOSED

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

Section XIV-A

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

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

View Full Judgment
casestatus.in Summary

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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