MARKANDEY KATJU, T.S.THAKUR
Bharti Cellular Limited – Appellant
Versus
Union of India – Respondent
The ratio of the case primarily revolves around the principle that a party who unconditionally accepts a settlement or benefit under a certain package or agreement cannot later turn around and dispute or reject the terms of that package, especially if they have given up all prior disputes related to the matter. This is encapsulated in the maxim "qui approbat non reprobat," meaning "one who approbates cannot reprobate" (!) .
In this context, the court emphasized that once the appellant accepted the Migration Package unconditionally and abandoned all disputes relating to the License Agreement for the specified period, it was not permissible for the appellant to subsequently raise disputes or objections concerning those very issues (!) (!) . The court upheld the principle that acceptance of a package or settlement, which involves relinquishing certain rights or claims, binds the party to the terms and prevents retraction or rejection of those terms later on (!) .
Therefore, the core legal principle or ratio in this judgment is that unconditional acceptance of a settlement or package, which includes waiving prior disputes, estops the party from re-agitating those disputes subsequently. This reinforces the doctrine that benefits and burdens under an agreement are to be accepted together, and one cannot accept the benefits while rejecting the burdens or conditions attached to them.
JUDGMENT
T.S. Thakur, J. —
1. This appeal under Section 18 of the Telecom RegulatoryAuthority of India Act, 1997 is directed against an orderdated 23rdMay, 2003 passed by the Telecom DisputesSettlement Appellate Tribunal, New Delhi, whereby theTribunal has dismissed in part the petition filed by theappellant under Section 14 (a)(I) of the Act and upheld thecomputation of licence fee demanded and realized by therespondent-Union of India in terms of the LicenceAgreement executed between the parties.
2. The appellant-company holds a licence to providecellular mobile telephone services for Delhi Metro area.TheLicence Agreement executed between the appellant on theone handandtheGovernment of India ontheother,interalia, provided for payment of fixed amount towards licencefee for the first three years of the licence period. From thefourth year onwards the licence fee payable was to be onthe basis of number of subscribers of the service providersubject to the minimum stipulated in the agreement. Clause19 of the Licence Agreement in particular dealt with thisaspect and, inter alia, provided that for the first three yearsa lump sum licence fee shall be chargeable annually and that the year
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