BHARTI AIRTEL LIMITED Vs. BHARAT SANCHAR NIGAM LIMITED

JUDGEMENT

(1.) THE petitioner, M/s. Bharti Airtel Limited has filed this petition challenging the disconnection notices dated 7 July 2012 and 27 August 2012 issued by the respondent, Bharat Sanchar Nigam Limited (BSNL). By the impugned notices, BSNL has made a demand of Rs. 51 lakhs as damages for Airtel cutting its optic fibre cables at a number of places, indicated in the enclosures to the notices. The notices further state that failing payment of the amount claimed, BSNL will stop providing services to Airtel in J & K Telecom circle under the Inter -connect Agreement executed between the parties.

(2.) BOTH Airtel and BSNL hold Unified Access Service Licences and are providing mobile phone services in J & K Telecom circle in terms of their respective licences. In order to provide inter -connection between their networks, Airtel and BSNL executed an Inter -connect Agreement on 26 March 2004 as envisaged under clause 26 of UAS licence and as per the Regulations framed by the Telecom Regulatory Authority of India (TRAI).

(3.) ACCORDING to BSNL, while laying cables at different places, Airtel's men acting carelessly and negligently, cut BSNL's optic fibre cables running through those places. The cutting of cables caused heavy material losses to BSNL, besides affecting its services very badly. In one of the letters dated 13 July 2009, BSNL described the nature of the damage and its claim arising from it as under: