Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1997-Section 14A(2) & (3) Telecom Regulatory Authority of India Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Telecom Regulatory Authority of India Act, 1997-Section 14A(2) & (3)-Licence for providing basic telephone services - Order passed by Telecom Regulatory Authority of India (TRAI) in respect of dispute between appellant-licensee and BSNL-Appellant requested its Association (ABTO) for collective action against the order-ABTO filed petition seeking review of the order-Petition dismissed by TRAl-Appellant filed appeal before Tribunal - Delay of 172 days in filing the appeal-Tribunal dismissed the appeal as barred by limitation-On facts, held: Mere acquiescence of appellant at one stage to file review petition instead of the appeal did not amount to abandonment of its right to file the statutory appeal - Whether or not ABTO joined the appeal is irrelevant-The Tribunal should have condoned the delay and decided the appeal on merits. The appellant is a licensee providing basic telephone services to subscribers in the Madhya Pradesh Telecom Circle. It was required to develop its own telecommunication network within its own service area, viz. Madhya Pradesh and also to inter-connect with the network of Bharat Sanchar Nigam Ltd. (BSNL). Dispute arose between the appellant and BSNL regarding location of points of interconnection. Appellant approached Telecom Regulatory Authority of India (TRAI) for appropriate orders and directions. TRAI passed order on 15-6-2001 and communicated the same to the appellant on that very day. Since the order stated that it would have "general applicability in similar interconnect scenarios", the appellant instead of challenging the order individually, requested its Association, i.e. Association of Basic Telecom Operators (ABTO) to seek review of the order in collective interest. The Association filed review application. before TRAI, but the 'Same ~as dismissed. The order passed in review was discussed amongst the members of ABTO but no consensus was forthcoming. By way of abundant caution and since the appellant was the most affected by the order of TRAI, it filed appeal before the Telecom Disputes Settlement & Appellate Tribunal within 30 days A from the communication of the order dismissing the review application but after delay of 172 days from the passing of the order dated 15-6-2001. Tribunal dismissed the appeal as barred by limitation holding that the application for condonation of delay submitted with the appeal was speculative and not bona-fide and that the appellant had failed to make out a case for condoning the delay of 172 days in filing the appeal. The appellant in the connected appeal is a licensee in the Haryana Telecom Circle. Its representation was put on hold by TRAI awaiting the decision of the Tribunal in the Madhya Pradesh case. Thereafter, on 29- 8-2002, TRAI rejected the representation upon dismissal of the Madhya Pradesh case by the Tribunal. Appeal filed before the Tribunal was dismissed on the ground that there was an enormous delay of more than 450 days in preferring the appeal from the earlier order of the TRAI dated 15-6-2001. Hence the two appeals filed under Section 18 of the Telecom Regulatory Authority of India Act, 1997. |
Judge | Hon'ble Mr. Justice Ashok Bhan |
Neutral Citation | 2005 INSC 173 |
Petitioner | Bharti Telenet Ltd. |
Respondent | Union Of India And Ors. |
SCR | [2005] 3 S.C.R. 54 |
Judgement Date | 2005-03-31 |
Case Number | 7200 |
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