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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (civil) 1033 of 2004

PETITIONER:

UNION OF INDIA

RESPONDENT:

TATA TELESERVICES (MAHARASHTRA) LTD

DATE OF JUDGMENT: 23/08/2007

BENCH:

H.K. SEMA & P.K. BALASUBRAMANYAN

JUDGMENT:

J U D G M E N T

P.K. BALASUBRAMANYAN, J.

1. This appeal by the Union of India, the respondent in

a proceeding before the Telecom Disputes Settlement &

Appellate Tribunal (for short, \023the TDSAT\024) in a petition filed

by the respondent herein under Section 14 of the Telecom

Regulatory Authority of India Act, 1997 (for short \023the Act\024) is

under Section 18 of the Act. The respondent approached the

TDSAT praying for a declaration that the action of the Union

of India in raising a claim and in recovering the amount as per

its demand dated 10.8.1999, was bad in law and be set aside,

for a declaration that the set off made by invoking condition 19

of the licence the respondent had with the appellant in respect

of the Maharashtra Service Area was illegal and unauthorised

and for setting aside the same, for directing the appellant to

refund an amount of Rs.50 crores together with interest from

the date of