- (1.) This is an application by Appellants-M/s. Aircel Ltd. and others for stay of judgment dated 24.09.2012 passed by the Telecom Dispute Settlement Appellate Tribunal (for short, 'the Tribunal') in TDSAT Petition No. 130/2012 and for issue of a direction to the Respondent not to disconnect the SMS services provided to the Appellants' network. It has been further prayed that the circles in which disconnection has already been done, the Respondent may be directed to restore the SMS services.
(2.) Shri Harish N. Salve, learned senior Counsel appearing for the Appellants relied upon an order dated 23.11.2012 passed by the Tribunal in Petition No. 843 of 2012- Aircel Limited and Ors. v. Vodafone India Ltd. and Ors. and argued that even though while admitting the appeal on 17.10.2012 this Court did not entertain the Appellants' prayer for stay of the judgment of the Tribunal, the prayers made in this application may be entertained because SMS services were disconnected after 17.10.2012.
(3.) Dr. A.M. Singhvi, learned senior Counsel appearing for the Respondent relied upon interim order dated 23.03.2012 passed by the Tribunal in the Appellants' case and submitted that the Court may not direct reconnection of the SMS services without insisting on payment of 10 paise per SMS by the Appellants to the Respondent along with the arrears. We have considered the respective submissions. In our opinion, the applicants have failed to make out a case for stay of the impugned order. It is not in dispute that while admitting the appeal on 17.10.2012, this Court did not accept substantially similar prayer for stay made by the Appellants. Therefore, we do not find any justification to issue an interim order in terms of the prayer made in the application and direct the Respondent to restore the SMS services without charging anything.;