BEST TOWERS PRIVATE LIMITED Vs. RELIANCE COMMUNICATIONS LIMITED

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the respondents.

(2.) Learned counsel for the appellant at the outset has urged that the writ petition was a clear dilatory tactics and ought not to have been entertained by the learned Single Judge inasmuch as the Facilitation Council was not lacking in any inherent jurisdiction on the reasoning given by the learned Single Judge.

(3.) The background in which the submissions have been raised discloses that this is the second round of litigation between the parties. The work for establishment of towers for mobile services and providing ancillary works and material was entrusted by the respondent petitioner to the appellant. The services so engaged led to the dispute of certain payments which according to the appellant was due on the respondent petitioner. The Facilitation Council passed an order on 30th of June, 2016 on an application being moved in terms of the 2006 Act directing payments to be made to the appellant. The respondent petitioner challenged the said order in C.W.J.C. No. 14884 of 2016 and 15044 of 2016 that were disposed of on 11th April, 2017 by a detailed judgment holding that the provisions of Sec. 18 of the 2006 Act were not followed inasmuch as it was the duty of the Facilitation Council to first attempt conciliation and in the event of any failure, the arbitration stage would arrive later on in terms of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "1996 Act"). It was further opined in Paragraphs 74 and 75 as follows:-