JUDGMENT

Background Facts

Petitioner, a UAS Licensee on and from 13.11.2004, has filed this petition inter-alia questioning the legality and/or validity of some bills raised by the Respondent, as being illegal, unjust and unfair as also for a direction that Clause 7.5 of the Addenda VI appended to the Interconnect Agreement be declared ultra-vires, illegal, unconstitutional and invalid.

2. Petitioner has also prayed for a declaration that the Respondent- BSNL cannot use any of the provisions of the Interconnect Agreement for the purpose of enforcing demands of ADC, being illegal and invalid.

3. The parties in Petition No.324 of 2010, have placed a large number of documents which will be treated as the lead case.

In the said petition, demands dated 20.12.2006, 21.05.2008, 20.08.2008, 11.06.2010, 30.06.2010 and 07.09.2010 are in question.

4. We may for the purpose of appreciating the contention of the parties notice one of the said bills being dated 20.12.2006.

It was raised for the period 14.11.2004 to 28.02.2006 for a sum of Rs.9,87,25,798/-.

A bill towards interest on the amount said to be outstanding was also raised on or about 20.08.2008 for the period 01.07.2005 to February 2006, clai