ORDER

G.D. Gaiha, Member

1. Whether this Tribunal in exercise of its power under Section 16 (1)(a) of the Telecom Regulatory Authority of India Act 1997 (the Act) can levy Court Fees including ad-valorem is the question which arises for consideration in this application.

2. The applicant Union of India is the respondent in the main matter. Inter-alia on the premise that the respondent has illegally claimed a sum of Rs. 50 crores by way of bank guarantee on account of the petitioner’s failure to sign/execute the license agreement in the Karnataka service area and consequent failure on its part to pay the prescribed license fee, the petitioner had filed this petition.

3. The Petition was allowed, by an order dated 12^th Sept, 2003 opining:-

“Since it is the claim of set off it is for the Union of India to show as to how such a claim is sustainable. Let us see the sequence of events. In terms of the invitation to tender, Tata Teleservices submitted EMBG which was valid for six months and was extendible for a further period of six months. It is stated that by mutual agreement EMGB was extended till 21.3.99. Under the terms of clause 11 of the tender documents bank guarantee could be enforced