Authority: Uttarakhand High Court (Additional Court Judge Manoj Kumar Tiwari)

Order Date: 31.10.2026

Case Overview

  • Parties: M/s Manvi Traders (Petitioner) and Bharat Sanchar Nigam Limited (BSNL) (Respondent).
  • Application filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbitrator.
  • Dispute arises from a contract for maintenance of Service Level Agreement‑based comprehensive maintenance of optical fibre cable in North Circle across six locations (Satpuli, Nainital, Haldwani, Dhumakot, Baijnath, Almora). Applicant alleges BSNL failed to provide necessary store and terminated contract blaming him; BSNL contends applicant did not undertake maintenance work, leading to termination.
  • Both parties acknowledge an arbitration agreement in the contract; Clause 23 outlines arbitration procedure, claim thresholds, number of arbitrators, and appointing authority (BSNL to forward list of three arbitrators).

Order Details

  • The court finds the arbitration application merits allowance and grants it.
  • Appoints Mr. Yogesh Tewari, Advocate, residing at Hari Sadan, Badripura, Haldwani, District Nainital, as the sole arbitrator.
  • Directions: a certified copy of the order to be communicated to the arbitrator; the arbitrator must furnish written disclosure to the court within 15 days of receipt.
  • The arbitrator, in consultation with the parties, shall fix remuneration and other chargeable fees and shall endeavour to hear the case and pass an award within the statutory time limit.

Final Outcome

  • Arbitration proceedings will commence under the sole arbitrator Mr. Yogesh Tewari as per the contract’s Clause 23, with BSNL providing the list of three empaneled arbitrators for selection.
  • Parties are bound to cooperate with the arbitrator, who must disclose appointment, determine fees, and aim to deliver a timely award.

Topics: Arbitration, Telecom Contract Dispute