JUDGMENT

S.B. Sinha

Introduction The petitioner is a licensee; the license having been granted by the respondent herein in terms of Section 4 of the Indian Telegraph Act , 1885 on or about 27.02.2008 with effect from 25.01.2008.

Indisputably, licenses were issued to one Spice Communications Ltd., by the respondent in terms of the said provisions to establish Cellular Telecom Services on or about 09.09.1996 with effect from 04.04.1996. The said company floated a scheme for amalgamation with the petitioner, for approval whereof an application was filed before the High Court of Gujarat.

By reason of an order dated 26.11.2009, sanction to the said scheme was granted with effect from 01.3.2010.

For the said purpose, the Delhi High Court was also moved and by an order dated 05.02.2010, it also sanctioned the scheme of merger of the said Spice Communication with petitioner.

The respondent issued a notice inviting applications purporting to allot the right to use spectrum frequencies in the 2.1 GHz Band (3G Spectrum) by auction in various telecom service areas including the Punjab Circle.

Clause 4.1 of the said NIA reads as under :-

I V Auction Details General conditions

4.1.1 Confidentiality

Conf