RELIANCE INFOCOMM LTD Vs. TELECOM REGULATORY AUTHORITY OF INDIA

JUDGEMENT

(1.) IN this appeal, which was originally filed as a petition, the appellant had sought for a declaration that the judgment in order dated 3rd May, 2005 made by this Tribunal in Petition No.20 of 2004 and Appeal No.31 of 2003, enures to the benefit of the appellant herein. It has also prayed for certain other ancillary and incidental relief.

(2.) The respondent had objected to the maintainability of the petition on the ground that it should have been an appeal and if it is an appeal, it is barred by limitation. After hearing the parties, permission was granted to convert the petition into an appeal and the delay in filing the appeal, if any, was condoned since it was only a formality not causing any prejudice to the respondent.

(3.) WE have heard Shri J.J. Bhat, learned senior counsel for the appellant and Mr.Meet Malhotra, counsel for the respondent. The appellant in this case who was a licenced telecom operator of erstwhile basic services migrated to the present Unified Access Service Licence regime and presently provides various telecom services such as Unified Access Service (UAS), National Long Distance Service (NLD) and International Long Distance Service (ILD). This Tribunal by its judgment dated 3rd May, 2005 passed in Appeal No.31 of 2003 in the matter of BSNL Versus TRAI and Petition No.20 of 2004 in the matter of COAI & Others Versus BSNL & Others held inter alia that BSNL is not justified in charging transit charges to the extent of 19 paise from private cellular operators for accessing BSNL Cellone subscribers, wherever the MSCs of both BSNL Cellone and private CMSOs are connected to the same BSNL TAX-I, on considerations of level playing field.