JUDGMENT:

S.B. SINHA, J

Union of India is before us aggrieved by and dissatisfied with the judgment and order of the Telecom Disputes Settlement & Appellate Tribunal, New Delhi dated 3rd October, 2005 in Petition No.49(C) of 2005, whereby and whereunder the application filed by the Respondent herein was allowed.

The basic fact of the matter is not in dispute. A Notice inviting tender was issued by the Government of India, Ministry of Information & Broadcasting in the month of October, 1999 from the companies registered in India for grant of licence to operate FM broadcasting service at Mumbai. The Respondent herein was one of the successful bidders along with four others. It is not in dispute that in terms of the agreement, it was stipulated that holders of 10 licences, which were planned for the city of Mumbai, would co-locate the transmission infrastructure on a common transmitter tower, as required in Clause 14 of the Licence Agreement, as also Article 7.1(i) of the Schedule (C) of the said Licence Agreement. Pursuant to or in furtherance of the said scheme, the cost of creating the common infrastructure to transmit from a common transmission tower was to be shared by the ten li