IDEA CELLULAR LIMITED ERSTWHILE TATA COMMUNICATIONS LTD Vs. BHARAT SANCHAR NIGAM LIMITED

JUDGEMENT

(1.) THIS Petition had been filed under Section 14(A)(1) read with Section 14(a)(i) and other applicable provisions of Telecom Regulatory Authority of India Act, 1997. The petitioner is a company registered under the Companies Act, 1956 and has been issued a license by the Central Government to establish, maintain and operate cellular mobile telephone service in Andhra Pradesh service area. The respondent No. 1 is a telecom service provider and was earlier a part of the Department of Telecommunication, Government of India. Respondent No. 2 is an officer of respondent No. 1 who has issued the impugned letters now being questioned by the petitioner. Respondent No. 3 is a Department of Government of India empowered to issue license under Section 4 of the Indian Telegraph Act, 1885 and has issued license to the petitioner.

(2.) The petitioner had requested Respondent No. 1 (earlier as part of Deptt. of Telecom) for certain long distance leased lines for a period of one year. According to the petitioner, the expressly agreed minimum guarantee period for the said 2 Mbps* leased lines was one year. On expiry of the said minimum guarantee period of one year, the petitioner had requested for various extensions of these circuits for periods varying from one to three months. The same were granted for the periods asked for and demand notes raised on the petitioner by the respondent which were paid for by the petitioner.

(3.) THE learned Senior Counsel for the Petitioner said that while requesting for the Long Distance Leased Lines on 12 Aug 1996 and 21 Sep 1996 between various places the Petitioner was very specific that these lines were being hired initially for a period of one year. It was also stated in these requests that further period of extension of leased circuits will be intimated in advance.