STERLITE TECHNOLOGIES LTD. Vs. BHARAT SANCHAR NIGAM LTD.

JUDGEMENT

(1.) - This petition has a chequered history. The facts have been set out in some detail paras 2 to 11 of the judgment dated 11th June 2014 passed by the learned Single Judge of this Court in Arbitration Appeal No. 4 of 2012 which read as under:

(2.) The above appeal came to be allowed by the Court. One of the central issues considered by the Court was whether the dispute was arbitrable Para 24 of the judgment which dealt with that issue reads as under:

(3.) The Court also negatived the submission of the BSNL that if the price were found to be arbitrary in nature by the Petitioner, they should have preferred a writ petition for challenging the computation of price. The Court further negatived BSNL's submission that this was an excepted matter and therefore not arbitrable. Thereafter in paras 27 to 29, the Court held and directed as under: