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2010 Supreme(Del) 358

S.MURALIDHAR
BYCELL TELECOMMUNCATIONS INDIA P. LTD. – Appellant
Versus
UNION OF INDIA – Respondent


Advocates appeared:
Mr. Sudhir Nandrajog, Senior Advocate with Mr. Sanjay Mishra and Mr. Pramod Kumar, Advocates.
Mr. A.S. Chandhiok, ASG with Mr. Ravinder Aggarwal and Mr. Manikya Khanna, Advocates.

JUDGMENT

1. The challenge in this writ petition is to the decision taken by the Foreign Investment Promotion Board („FIPB?), Ministry of Finance, Government of India at its meeting held on 11th May 2009 (which decision was communicated by a letter dated 13th May 2009) revoking an approval dated 14th February 2008 granted to the Petitioner to undertake activities of GSM based cellular telephone services all over India. The challenge is also to a communication dated 1st May 2009 issued by the FIPB withdrawing the security clearance granted to the Petitioner. A consequent relief is for a mandamus to the FIPB and the Union of India („UOI?) through the Ministry of Home Affairs („MHA?) (Respondent No.3 herein) to reconsider withdrawal of the security clearance and for a direction to the Department of Telecommunication („DoT?), Government of India not to cancel the letters of intent („LOIs?) granted to the Petitioner on 27th February 2008.

2. Petitioner No.1 ByCell Telecommunications India Private Ltd. („ByCell?), a private limited company having its registered office at New Delhi was incorporated on 13th October 2005 and is involved in the business of telecommunication in India. ByCell is






















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