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2008 Supreme(SC) 2102

S.B.SINHA, LOKESHWAR SINGH PANTA
Bharat Sanchar Nigam Ltd. – Appellant
Versus
BPL Mobile Cellular Ltd. – Respondent


JUDGMENT :

S.B. Sinha, J.

The core question involved in this appeal is the effect of the application of internal circulars issued by the Department of Telecommunications (DOT) in the contracts entered into by and between the parties hereto in respect of as regards inter-connection links provided by it.

2. Civil Appeal Nos. 6341-6342 of 2003, 1 of 2004, 537 of 2004 and 2015 of 2004 involve the question of payment of charges. Civil Appeal No. 6375 of 2003 involves the question as to the effect of pre-mature surrender of fifteen leased circuits of 2 MBPS which had been obtained by BPL from DOT during the period January 1997 to June 1998. Civil Appeal No. 3448 of 2006 involves a dispute in relation to minimum guarantee period for 2 MBPS leaded lines.

3. Judgments were delivered by the Telecom Disputes Settlement and Appellate Tribunal, New Delhi (TDSAT) on various dates, viz., 1.04.2003, 17.02.2003, 8.09.2003 and 3.03.2006.

4. Before, however, we consider the views taken by the Tribunal, we may notice the facts involved in each of the case separately. Civil Appeal Nos. 6341-42 of 2003 DOT circulated a booklet "commercial information on leased circuits" clearly providing for that the rent an

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