The Centre has sought time from the Delhi High Court to respond to decide on appealing against the international arbitral award in Vodafone’s favour under the India-Netherland Bilateral Investment Protection Agreement (BIPA) in connection with Rs 221 billion tax demand.
A bench of justices Rajiv Sahai Endlaw and Asha Menon was informed by additional solicitor general (ASG) Chetan Sharma that the instructions are still awaited as the decision is yet to be taken by the empowered committee of the central government.
The ASG’s reply came on the court’s query raised on October 7, 2020.
According to senior advocate Harish Salve who is representing Vodafone, there was no cause left for the continuation of the present injunction proceedings and Vodafone shall not proceed with the second international arbitration under the India-UK BIPA. This is until the award published under the India-Netherland BIPA, if at all, is set aside.
The Delhi High Court has listed the next hearing on December 8, 2020, as ASG had sought two weeks’ time.