(J.B. Pardiwala and K. Vinod Chandran, JJ.)
STL Networks Limited ______________________________ Appellant;
v.
Caspian India Engicon Pvt. Ltd. ______________________ Respondent.
Civil Appeal No. 12517 of 2026 (Arising out of SLP (C) No. 28903 of 2026)§, decided on September 7, 2026
The Order of the court was delivered by
Order
Leave granted.
2. Two contracts; for optical fiber cable services across two distinct projects, called respectively, the Mahanet Agreement and T-Fiber Agreement. The respondent initiated arbitration under the Mahanet Agreement before the High Court of Delhi, wherein one Ms. Saumya Tandon was appointed as a Sole Arbitrator on 16.09.2025. Disputes arose with respect to the T-Fiber Agreement also, resulting in an application under Section 11 of the Arbitration and Conciliation Act, 1996, before the High Court of Delhi, which is impugned herein. Therein yet another Arbitrator was appointed.
3. The appellant’s contention is that there is a material recovery claim under the T-Fiber Agreement which is entitled to be exercised as a cross project setoff against the amounts payable under the Mahanet Agreement; the former being more than double the claim in the latter.
4. We will not go into the merits of the matter, but in the fitness of things, we are of the opinion that the arbitration should be carried on by the very same Arbitrator; according to us, the first appointed Arbitrator. Hence, Ms. Saumya Tandon, appointed as a Sole Arbitrator on 16.09.2025, shall be the Arbitrator in the present dispute also.
5. The impugned order is modified to the above extent. The parties shall be entitled to raise all contentions before the Arbitrator, and we may not be taken as having held on the merits of the cross project set-off or the quantum of the claims made under the two separate agreements. We have just recorded the argument raised by the appellant in the appeal.
6. The appeal is allowed.
7. Pending application(s), if any, shall stand rejected.
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§ 2026 INSC 969
