Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1908 s.100 16K and 18/Code of Civil Procedure Telecom Regulatory Authority of India Act 1997 Ss. 14 S.195: 1973 Order Vlll Rule 6A/Code of Criminal Procedure |
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; Ss. 14, 16K and 18/Code of Civil Procedure, 1908; s.100, Order Vlll Rule 6A/Code of Criminal Procedure, 1973; S.195:Telecom Disputes Settlement & Appellate Tribunal-Contract between Union of India, the Licensor and a service provider, the Licensee - Breach of terms of agreement - Damage - Claim and counter claim - Settlement of - Tribunal upheld the claim of Licensee rejecting the counter claim of licensor holding that it has no jurisdiction to entertain the counter claim - On appeal, Held: In the counter claim by Union of India, even if some vagueness noticed by the Tribunal, it could have directed the party concerned to remove the same in the interests of justice - Normally, a right to make a claim include a right to make a counter claim-There is no reason to whittle down the right so given in terms of s.14(1) of the Act - A dispute arising after the acceptance of a tender, pending issuance of licence even after the expiry of the stipulated time limit, would fall within the provisions of the. s. 14(a) of the Act - A Specialised Tribunal as TDSAT constituted for the purpose of dealing with specialised matters/disputes arising out of license granted under the Act - Any breach arising after acceptance of the offer of a Tender would normally be termed as disputes liable to be settled by the Specialised Tribunal - In terms of the procedure, as prescribed u/s 16 of the Act, the Tribunal shall not be bound by the procedure as laid down under Civil Procedure Code but shall be governed by the principles of Natural Justice - The dispute in the present case arises out of breach of conditions after accepting the letter of intent by one of the party, therefore, it could be settled by the Tribunal - Under the circumstances, TDSAT erred in dismissing the counter claim of the Licensor as not maintainable - Hence, the claim and the counter claim remanded to the Tribunal for adjudication afresh in accordance with law-Direction issued-Transfer of Property Act - Indian Contract Act, 1872 - Administrative Law - Principles of Natural Justice.Jurisdiction of Telecom Disputes Settlement Appellate Tribunal - To entertain counter claim by the Union of India/Licensor - Held: Yes, TDSAT could entertain such a claim in terms of S. 14(1) and 14(A) of the Act.Appellant, Union of India, has invited tender for grant of licence in respect of certain Telecom Service Contract. In response, tender proposal of the respondent was considered by the appellant. The respondent, after having conveyed its acceptance of the Letter of Intent, failed to fulfil the promise made by it. Appellant raised a demand of certain sum as damage in lieu of breach of contract. Aggrieved, the respondent approached the Telecom Disputes Settlement & Appellate Tribunal praying for a declaration that the action of the Union of India in raising a claim and in recovering the amount as per its demand dated 10.8.1999, was bad in law and be set aside; for a declaration that the set off made by invoking condition 19 of the licence was illegal and unauthorised and for setting aside the same and for directing the appellant to refund the amount together with interest from the date of the purported set off of that amount with the amounts due to the respondent till the date of refund and for other consequential and incidental reliefs. Appellant, Union of India, had also filed an appeal counter claiming the same amount. The Tribunal upheld the claim of the respondent, rejecting the counter claim of the appellant-Union of India and also held that it has no jurisdiction to entertain a counter claim at the instance of the.appellant. Hence the present appeal. |
Judge | Hon'ble Mr. Justice P.K. Balasubramanyan |
Neutral Citation | 2007 INSC 857 |
Petitioner | Union Of India |
Respondent | Tata Teleservices (maharashtra) Ltd |
SCR | [2007] 9 S.C.R. 285 |
Judgement Date | 2007-08-23 |
Case Number | 1033 |
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