J.Sagar Associates successfully represented ATC Telecom Infrastructure Pvt. Ltd. (ATC), in arbitration proceedings against Videocon Telecommunications Ltd. (Videocon). The disputes were in relation to a Passive Infrastructure Sharing Agreement whereunder Videocon availed ATC’s services for provision nd upkeep of passive infrastructure in support of Videocon’s telecom services. Pursuant to Videocon’s default in making payments under the Agreement in 2016 JSA had successfully represented ATC before the Delhi High Court in obtaining an interim order for Videocon to deposit the claimed amount in the Court. The arbitration proceeding for adjudication of the claim was also initiated. The Arbitral Tribunal comprising of Justice Devinder Gupta (Retd.), Justice Vikramajit Sen (Retd.) and Justice Usha Mehra (Retd.) passed a unanimous award on 31 July 2018, awarding outstanding payments, lock-in penalties, reimbursements for municipal charges and taxes, pre-arbitration interest, interest pendente-lite, future interest and costs of arbitration. The award of lock-in penalties is of significance in the industry due to substantial claims pending against various telecom operators by infrastructure providers under that head. The Tribunal accordingly delivered an award for ` 457 Crores in favour of ATC, along with 15.45% imple interest per annum from the date of the award until repayment along with the costs of ` 1.14 Crores. The JSA team comprised Amar Gupta, Manish K. Jha, Divyam Agarwal, and Akhil Bhardwaj.