BHARAT SANCHAR NIGAM LTD Vs. CELLULAR OPERATORS ASSOCIATION OF INDIA

JUDGEMENT

(1.) BY an order of this Tribunal dated 3-11-2004 [Bharat Sanchar Nigam Ltd. v. Cellular Operators Association of India and Ors. (2005) 2 Comp LJ 206 (TDSAT)] while disposing of Appeal Nos. 10 and 11 of 2001 it was directed that a commissioner should be appointed to go into the accounts of both MSOS and BSNL to arrive at the figure of any excess payment made by BSQs to BSNL, during the period from 3.7.2001 to 1.5.2003. For the said purpose, this Tribunal appointed Mr. N. Parthasarathy, former Member (Finance), Telecom Commission (R/o of D-6/1, M.S. Flats Sector-13 R.K. Puram, New Delhi-110066) as local commissioner. The commissioner was asked to submit his report within two months from the said order. The time granted to the commissioner came to be extended from time to time and during the pendency of the proceedings before the commission the order of this Tribunal made in Appeal Nos. 10 and 11 of 2001 was taken up by way of appeals before the Hon ble Supreme Court of India. In the meantime, since the commissioner appointed shifted his residence from Delhi to Mysore, the said commissioner was discharged of his duties as a commissioner. But before the new commissioner could be appointed it was brought to the notice of this Tribunal that an application for stay of the order of the Tribunal which also directed the appointment of a commissioner, was pending before the Hon ble Supreme Court, hence, appointment of fresh commissioner was sought to be deferred. Accordingly, no orders were passed appointing a fresh commissioner. The Hon'ble Supreme Court by its order dated 20 March 2006, has now directed that it is open to the parties to move this Tribunal for appointing another local commissioner to do the concerned work. Therefore, now it has become necessary for this Tribunal to appoint a fresh commissioner. For this purpose, we appoint Shri R.N. Goyal, Former Secretary Department of Telecom Operations and Member (Prodn), Department of Telecom, resident of C-703, Anusandhan Apartments, Flat No. 22, Sector-6, Dwarka, New Delhi-110075, and fix his fee at Rs. 50,000 and some other terms and conditions as envisaged in the order of this Tribunal dated 3.11.2004 [Bharat Sanchar Nigam Ltd. v. Cellular Operators Association of India and Ors. (2005) 2 Comp LJ 206 (TDSAT)].

(2.) Mr. Maninder Singh, learned Counsel for BSNL contended that the direction given in the order of this Tribunal dated 3.11.2004 was confined to go into the accounts of those BSOs who are parties to the appeal and not the later entrants. Vhile Mr. Ramji Srinivasan, learned Counsel appearing for ABTO (now AUSPI) omplains that the benefits of the order of the Tribunal should be extended to other BSOs also. Therefore, till that issue is decided it is advisable to also have the account of the other BSOs examined to save time.

(3.) WE think it prudent to request the commissioner to look into the accounts of all the BSOs concerned as to the extent of excess payments made by them to BSNL for the period 3.72001 to 1.5.2003. The commissioner will separately file his report in regard to the BSOs who were parties to the appeal. While in regard to the other BSOs who are not parties to the appeals, separate report will be filed in regard to the excess payment made by them to the BSNL.