INDUS TOWERS LIMITED Vs. SISTEMA SHYAM TELESERVICES LTD.

JUDGEMENT

(1.) The petitioner has filed the present petition under Section 9 of the Arbitration and Conciliation Act, 1996 praying for, inter alia, directing Sistema Shyam Teleservices Limited, the respondent not to sell, transfer, alienate or otherwise dispose of its active infrastructure equipments, apparatus consisting of Base Transceiver Stations (BTSs), cables, antennas, microwave etc., all other assets, including movable or immovable properties of whatever nature, or whole or any part of its undertaking or any rights, title or interest therein and directing the respondent to keep the same in safe custody till the disputes between the petitioner and respondent regarding non -payment of dues and unpaid amounts to the petitioner have been settled through Arbitration, in terms of the Master Services Agreement signed between the parties.

(2.) Few facts are that petitioner on 10th January, 2008 was registered for Infrastructure Provider -Category -1 (IP -I) with the Department of Telecommunication, Ministry of Communication and IT, Government of India vide Registration Certificate No.177/2008, to establish and maintain passive infrastructure and provide the same to the licensees of Telecom Services under Section 4 of the Indian Telegraph Act, 1885.

(3.) On 25th February, 2009, the petitioner and the respondent had entered into a Master Services Agreement (hereinafter referred to as "MSA"), whereby the respondent availed of the passive infrastructure services provided by the petitioner in various telecom circles throughout India, in consideration for fees to be paid to the petitioner as stipulated under the MSA.