BSES RAJDHANI POWER LTD vs UTTEZ DIGITAL INDIA PVT. LTD.

Judgment text excerpt

$~O-10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 1132/2025 Date of Decision: 07.11.2025 IN THE MATTER OF: BSES RAJDHANI POWER LTD .....Petitioner Through: Appearance not given. versus UTTEZ DIGITAL INDIA PVT. LTD. .....Respondent Through: Mr. A. Wahid Mashaal, Adv. CORAM: HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV JUDGEMENT PURUSHAINDRA KUMAR KAURAV, J. (ORAL) 1. The dispute has arisen out of the Infrastructure Usage Agreement dated 12.12.2019 (the Agreement) clause 15, whereof, provides for resolution of disputes by way of arbitration. 2. It is the case of the petitioner that as per the terms of the Agreement, the respondent were to use the petitioner’s infrastructure for laying optical fiber cables and installing Wi-Fi routers. The respondent was obligated to pay to the petitioner a certain amount of money, as ‘usage charges’. The petitioner claims to have raised various demand notes for clearance of the aforesaid usage charges despite which, the respondent did not clear its dues. 3. The petitioner further alleges that the respondent sent communication Signature Not Verified Signature Not Verified Signed By:PRIYA Signed Signing Date:15.11.2025 By:PURUSHAINDRA 15:45:48 KUMAR KAURAV of unilateral termination of the Agreement with immediate effect, in violation of the terms thereof, mandating a thirty-days’ advance notice prior to termination. 4. Clause 15 of the Agreement, which provides for arbitration of disputes is extracted below, for reference: ―15. Settlement of Disputes and Arbitration Any dispute arising out of or in connection with this agreement, including any question regarding its existence, validity or termination, shall be referred to and finally adjudicated by arbitration in New Delhi in accordance with the provisions of the Arbitration & Conc