RELIANCE INFOCOMM LTD Vs. BHARAT SANCHAR NIGAM LTD

JUDGEMENT

(1.) THE Petitioner in this Petition has challenged basically a demand notice issued by the Chennai Unit of Bharat Sanchar Nigam Ltd. (1st Respondent) along with a prayer for quashing certain other incidental notices referred to in the prayer column which reads thus:-

(2.) Before we go into the merits of the case, it would be more appropriate to point out that this Tribunal on 9th September, 2005 in Petition No.45 of 2005 filed by Tata Teleservices Ltd. and Maharashtra Teleservices Ltd. against Bharat Sanchar Nigam Ltd. while dismissing the said Petition had held that the service offered by the Petitioner therein by the use of an instrument named "Walky" was actually WLL (M) service i.e. a service with limited mobility and not a fixed telephone service which was contrary to the licence granted to the Petitioner therein. This Tribunal also held that consequently, the Petitioner therein was not entitled to the benefit of Access Deficit Charge (ADC). In the said Petition after addressing all the points raised therein on behalf of the Petitioner and Respondents, this Tribunal dismissed the said Petition upholding the demand notice issued by the Respondent.

(3.) IN this Petition, the Petitioner is also providing, if not an identical service, almost similar service that was being provided by the Petitioner in Petition No.45 of 2005. Even the legal contentions raised in this Petition are almost similar except for certain factual modifications. IN all fairness to the learned senior counsel appearing for the Petitioner in this Petition, it must be stated that he tried not to repeat the arguments already addressed in Petition No.45 of 2005 but raised those questions which he thought were not raised in that petition and which require the consideration of this Tribunal.