ARUN MISHRA, S.ABDUL NAZEER, M.R.SHAH
IN RE MANDAR DESHPANDE (FOR ADMISSION) – Appellant
Versus
. – Respondent
ORDER :
1. We have heard learned counsel for the parties at length.
2. An additional affidavit has been furnished today on behalf of Ms. Vandana Gupta, Deputy Director General (LFP), Department of Telecom, Govt. of India, New Delhi, which is taken on record.
3. We have posed a query to Mr. Tushar Mehta, learned Solicitor General of India, how the demand was raised on the basis of our judgment with respect to Public Sector Undertakings when the licences were different and the judgment never dealt with the issue of Public Sector Undertakings and their agreements are quite different.
4. The affidavit filed on behalf of Department of Telecom also indicates that there are different kinds of licences. Paragraphs 5 and 6 of the affidavit on behalf of Union of India are relevant, which are extracted below:-
“19.1 Gross Revenue:
The Gross Revenue shall be inclusive of installation charg
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