Universal Tele Services vs Bharat Sanchar Nigam Limited

K.Kumaresh Babu, J

The Arbitration Application has been filed to appoint a Sole Arbitrator to adjudicate upon the differences and disputes between the Petitioner and Respondent hereto along with an order directing the Respondent to pay the costs of the present petition to the Petitioner.

The Original Application in O.A.No.445 of 2026 has been filed to pass an order of interim injunction restraining the respondent, its men, agents, servants from giving effect to the termination orders dated 27.11.2025, 02.04.2026 and 20.04.2026 and debarment order dated 20.04.2026, and from enforcing or giving effect to the proposed blacklisting of the Applicant, pending adjudication of disputes through arbitration.

The Original Application in O.A.No.446 of 2026 has been filed to pass an order of interim injunction restraining the respondent from invoking, encasing or in any manner giving effect to the Performance Bank Guarantee of Rs.8,74,000/-(Rupees Eight Lakhs Seventy Four Thousand only) bearing PGB No.0083825IPG000043 dated 30.07.2025.

Heard both sides.

This Court appoints the Hon'ble Mr.Justice Thiru.V.Bharathidasan, (Retired High Court Judge), Mobile Nos.9444383139, 9445500224) residing at New No.22 (Old No.L-45), 2nd Main Road, Kamaraj Nagar West, Thiruvanmiyur, Chennai - 600 041, is appointed as Sole Arbitrator to enter upon the reference and resolve the disputes between the petitioner and the respondents.

Considering the exigency of circumstances, this Court requests the learned Arbitrator to enter upon a reference immediately upon receipt of this order, without waiting for a formal communication from the Registry of this Court.

Various applications have also been filed by the petitioner/applicant, seeking for interim relief against the debarment of the applicant and also taking into consideration of the fact that a tender had been called for, for which the last date of submission is 09.06.2026, the learned Arbitrator is requested to take up and dispose of the applications that has been undertook to be filed by the applicant under Section 17 of the Act, seeking the reliefs that are the subject matter of the applications pending before this Court.

The learned Arbitrator is requested to dispose of the same on or before 18.06.2026 and the parties are requested to co-operate with the learned Arbitrator for disposal of the same. It has also been brought on record that the applicant had also taken out an independent application under Section 9 of the Act, seeking to submit the tender, which is required to be submitted on or before 09.06.2026. This Court is of the view that the applicant could be permitted to submit the tender and the same shall be processed only after orders are passed by the learned Arbitrator.

This Court has not expressed any opinion on the merits of the case and the parties are at liberty to raise all the contentions available to them and take out necessary applications to protect their rights.

The learned Arbitrator is entitled to fix the remuneration as per the schedule.

In fine, the Arbitration Petition is disposed of and the Original Applications are closed. No costs.