CC/Devas (Mauritius) Ltd., Devas Employees Mauritius Private Limited and Telecom Devas Mauritius Limited v. India, Order by the Supreme Court of Mauritius

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IN THE SUPREME COURT OF MAURITIUS

Commercial Division

In the matter of:-
SC/COM/WRT/000010/2023

The Republic of India

Applicant

1.CC/Devas (Mauritius) Ltd
2.Telecom Devas Mauritius Limited
3.Devas Employees Mauritius Private Limited

Respondents

IPO:

Antrix Corporation Limited

Co-respondent

IPO:

1.The Attorney General
2.The Ministry of Finance, Economic Planning and
Development

Third Parties

And in the matter of:
Ex Parte :

The Republic of India

Applicant

ORDER

Upon the application of Mr. R. Bucktowonsing, SA for the applicant and after taking cognizance of the praecipe and affidavit both dated 12 January 2023 and the documents filed in support thereof, and being satisfied that the matter is so urgent as to require the immediate intervention of a Judge before notice of the application is served upon the respondents, I order that an interim order in the nature of an injunction be issued restraining and prohibiting the respondents from pursuing/proceeding with the arbitration proceedings against the applicant under the Arbitration Rules of the United Nations Commission on International Trade Law (1976) (the UNCITRAL Rules) (4^th Arbitration), before the Arbitral Tribunal under the India-Mauritius BIT referred to at paragraph 49 of the attached affidavit affirmed by Mrs. Savita A. Kotgar dated 10 January 2023.

The above interim order to remain in force pending the determination of the present matter and I order that service be effected upon the abovenamed respondents, co-respondent and third parties to show cause, if any, why the present interim order should not be made interlocutory.

The above interim order in the nature of an injunction is issued at applicant's own risks and perils, and upon its undertaking, through its Attorney to abide by any order which the Court or Judge may thereafter make as to damages to the respondents by the granting of this interim order in the nature of an injunction.

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The respondents, co-respondent and third parties are hereby requested to communicate their stand on the E-Filing System on or before Thursday the 26^th of January 2023, date on which the present matter is made returnable.

Chambers, this 12^th day of January 2023

Signature

P.D.R Goordyal-Chittoo
JUDGE