- (1.) THE Appellant No. 1 is a society registered under the Societies Registration Act, 1908, and all the private GSM Cellular Operators including the other Appellants herein, are the members of the said Association. Appellants No. 2 to 8 are companies registered under the Companies Act, 1956 and have been issued Licenses by the Central Government under Section 4 of the Indian Telegraph Act to establish, maintain and operate Cellular Mobile Telephone Services in their respective Service Areas.
(2.) Respondent No. 1 is a Regulatory Authority established under Section 3 of the Telecom Regulatory Authority of India Act, 1997 as amended by the Telecom Regulatory Authority of India Act, 2000 (hereinafter referred to as `The Act') and charged with the performance of the functions enumerated under Section 11 of the Act. Respondent No. 2 is a Service Provider operating Cellular Mobile and Fixed Services across India except in Delhi Metro and Mumbai Metro.
(3.) WHEN the case came up for initial hearing for directions on 7th July 2005, Dr. Abhishek Singhvi, Sr. Advocate & Learned Counsel appearing for the Appellants sought one week's time to withdraw the Writ Petition filed by them before the Hon'ble High Court of Delhi. Time prayed for was granted and M.A. No. 115 of 2005 stood disposed of. Subsequently, M.A. Nos. 177 and 178 of 2005 were filed by the Cellular Operators Association of India (COAI) to implead Bharat Sanchar Nigam Limited (BSNL) as one of the Respondents, which was accepted, thus disposing of the said M.As. M.A. No. 179 of 2005 was filed by the Appellants to modify the appeal which was allowed and thus disposed of. After completion of impleadments the matter was heard on 17th August 2005.;