(1.) The present petition has been filed under Section 9 of the Arbitration and Conciliation Act, 1996 (for short, called "the Act"), pending arbitration, seeking interim protection by way of an ex-parte ad-interim order directing the respondent to furnish reasonable security in the sum of Rs.2,007,251,671/-. The petitioner was also seeking an ex parte ad-interim order restraining the respondent from selling, transferring or otherwise alienating or creating any third party interest in its spectrum in the States of Bihar, Gujarat, Haryana, Madhya Pradesh, UP (East) and UP (West) circle. The same has already been sold to a third party on 24th May, 2016 as admitted by the parties. The respondent even prior to the filing of the petition had informed the petitioner by way of communication that the respondent is discontinuing its mobile services with effect from 31st May, 2016, after selling its entire spectrum in all six circles to Bharti Airtel Limited Limited.
(2.) The petitioner-Company is a "Telecom Infrastructure Service Provider", who provides passive telecom infrastructure in the shape of mobile towers to its customers for providing the communication services to the public at large throughout India. The respondent is a Telecom Operator and is one of the customers of the petitioner.
(3.) The petitioner and the respondent have entered into two 'Passive Infrastructure Sharing Agreements'.