M.A. No. 276 of 2014 in Petition No. 322(C) of 2013 and M.A. No. 277 of 2014 in Petition No. 324(C) of 2013. Case: Idea Cellular Ltd. Vs Bharat Sanchar Nigam Ltd.. TDSAT (Telecom Disputes Settlement & Appellate Tribunal)
| Case Number | M.A. No. 276 of 2014 in Petition No. 322(C) of 2013 and M.A. No. 277 of 2014 in Petition No. 324(C) of 2013 |
| Counsel | For Appellant: Navin Chawla, Advocate and For Respondents: Maneesha Dhir and Neha Singh, Advocates |
| Judges | Aftab Alam, J. (Chairperson) and Kuldip Singh, Member |
| Issue | Media and Communicational Law |
| Judgement Date | October 14, 2014 |
| Court | TDSAT (Telecom Disputes Settlement & Appellate Tribunal) |
Order:
Kuldip Singh, Member
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The present applications have been filed seeking clarification in the judgment and order dated 20.08.2014 passed in the above petitions. The clarifications sought are as under:
(a) That in terms of the Judgment and order dated 20.08.2014 passed in the above petitions, the rate of infrastructure charges for Active Links of Licensed Telecom Service Providers in Circular dated 12.06.2012 shall become effective from 01.04.2013 instead of 01.04.2009 and without any increase of 10 per cent per annum between 01.04.2009 to 31.03.2013.
(b) That interest shall be paid at the rate specified in the Interconnection Agreement till the date of filing of the petition and at the rate of 9 per cent from the succeeding day after the date of filing of petition up to final payments in terms of the judgment.
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The challenge in the above petitions was to a circular dated 12.06.2012 by which the respondent had increased the infrastructure charges w.e.f. 01.04.2009. The Tribunal vide its judgment/order dated 20.08.2014 had held that though the respondent-BSNL has a right to revise the rates of infrastructure facilities in question, the revised rates as per the circular dated 12.06.2012 shall be applicable w.e.f. 01.04.2013.
The relevant para of the judgment is as under:-
In view of the aforesaid circumstances, while upholding the right of the respondent-BSNL to revise the rates of the infrastructure facilities in question, we direct that the revised rates as per the circular dated 12.06.2012 of the respondent shall be applicable with effect from 01.04.2013 which is the next financial year. Up to 31.03.2013, the infrastructure facilities provided by the respondent to the petitioners shall be charged at the rates and as per classification of cities as prescribed in the circular dated 30.05.2006. The excess rates, wherever realized from the petitioners, shall be refunded back to the petitioners alongwith interest at the rate as is prescribed in the interconnect agreements for delayed payments from the date of realization of these amounts and till the time of filing of the petitions alongwith pendente lite and future interest @ 9 % till the payment is made. The refunds shall be made within a period of four weeks. If any amount is found payable by the petitioners in terms of this order, the same shall also be paid alongwith interest, as payable in case of refunds, and shall be paid within four weeks.
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In our view, the judgment is...
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