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2012 Supreme(Online)(TDSAT) 141

TELECOM DISPUTES SETTLEMENT AND APPELLATE TRIBUNAL
MR. S.B.SINHA, CJ, MR. P.K.RASTOGI, J
Bharti Airtel Ltd. – Appellant
Versus
Department of Telecommunication – Respondent


Advocates:
For the Appellants/Petitioners:Mr. Maninder Singh, Sr. Advocate, Mr. Navin Chawla, Advocate, Mr. Kaushik Mishra, Advocate
For the Respondent:Ms. Maneesha Dhir, Advocate, Mr. K.P.S. Kohli, Advocate, Mr. Abhishek Kumar, Advocate

Table of Content
1. introduction of case and relevant facts (Para 1 , 3 , 4)
2. petitioners' arguments regarding agency and compliance issues (Para 5 , 16 , 18 , 29)
3. court's observations on compliance with licensing conditions (Para 10 , 11 , 12 , 28)
4. conclusion directing the remittance for fresh consideration (Para 26 , 110)
5. importance of natural justice in penalty imposition (Para 52 , 73 , 109)

Judgment

Introduction

These three petitions, involving common questions of law and fact as regards interpretation of the agreements entered into by and between the Petitioners with some agencies as to whether the terms thereof are violative of the conditions of license granted in their favour, were heard together and are being disposed of by this common judgment.

2. The relevant facts involved in each case shall be noticed separately, hereinafter but the fact of the matter involved in the case of ‘Vodafone‘ would be considered in some details.

3. In these petitions, the Petitioners, who have been granted licenses by the Respondent herein in terms of the proviso appended to Section 4 of the Indian Telegraph Act, 1885 (The 1885 Act) have approached this Tribunal being aggrieved by and diss

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