Antrix Corporation wants to file a petition with the Supreme Court seeking a review of an earlier order dismissing its application to proceed against Devas Multimedia under the Arbitration Act.
Antrix, under the administrative control of the Department of Space, has sought the views of Ministry of Law & Justice on filing the review petition.
Antrix had scrapped a 2005 deal which allowed the private company access to transponders using the S-band spectrum. Devas was planning to offer broadband services using Antrix’s satellite infrastructure but could not carry out its plans after the deal was cancelled by the Cabinet Committee on Security
While Devas has initiated proceedings at the International Court of Arbitration (ICC), Antrix wants to file a review petition with the Indian Supreme Court. The apex court had earlier dismissed Antrix plea on grounds that once the Arbitration Agreement had been invoked by Devas and a nominee arbitrator was also appointed by it, the Agreement could not be invoked for a second time by Antrix.
Legal counsel representing Antrix are of the view that the Supreme Court did not take cognisance of all the issues raised in its appeal and hence a review petition should be filed. Separately, Antrix has filed a civil suit before the additional city civil judge of Bangalore seeking permanent injunction on the proceedings initiated by Devas in the international court.
However the Ministry of Law & Justice is not in favour of filing a review petition.
“We have examined the matter. In the facts and the circumstances of the case, the judgement of the Supreme Court appears to be legally correct,” stated an internal note of the Law Ministry, seen by Business Line .
“However, Antrix has the option of taking recourse for challenging the appointment of arbitrator in terms of ICC rules,” it added.
The Department of Space now wants the opinion of the Solicitor General for taking a final decision which has been agreed to by the Law Ministry.