ST JOANS EDUCATIONAL SOCIETY vs MAHANAGAR TELEPHONE NIGAM LIMITED (MTNL)

Judgment text excerpt

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 11.03.2026 + ARB.P. 2096/2024 ST JOANS EDUCATIONAL SOCIETY .....Petitioner Through: Mr. Rohan Sharma and Ms. Ruchika Sharma, Advocates. versus MAHANAGAR TELEPHONE NIGAM LIMITED (MTNL) .....Respondent Through: Mr. Prashant Sharma and Mr. Bhavya Belwal, Advocates. CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR % JUDGEMENT (ORAL) HARISH VAIDYANATHAN SHANKAR, J. 1. The present Petition has been filed under Section 11(5) of the Arbitration and Conciliation Act, 19961, seeking the appointment of a Sole Arbitrator to adjudicate the disputes inter se the parties arising out of the Lease Deed Agreement dated 11.05.20172. 2. The material on record indicates that the arbitration clause is envisaged in the Agreement, being Clause 11, which reads as under:- “11.0 ARBITRATION 11.1 In the event of any question, dispute or differences arising under this agreement or in connection therewith (except as to matters the decision of which is specifically provided under this agreement), the same shall be referred to the sole arbitration by the 1 Act 2 Agreement Signature Not Verified Digitally Signed ARB.P. 2096/2024 Page 1 of 7 By:VARNIKA Signing Date:13.03.2026 16:45:57 ED, MTNL Delhi Unit (hereinafter referred to as the said officer) or any person nominated by him. …..” 3. The material on record further indicates that the Section 21 Notice is dated 18.01.2024. 4. Learned counsel appearing on behalf of the Respondent raises an objection that the Section 21 Notice ought to have been addressed to the Executive Director3 and could not have been addressed in a generic manner to Mahanagar Telephone Nigam Limited4. In support of the said submission, reliance is placed upon the Order dated 24.01.2014 passed in the ARB. P. 31/2