Tribunals and CommissionsSingle Bench(2021) 06 TDSAT CK 0010

Shyam Spectra Pvt Ltd And Ors vs Union Of India

Telecom Disputes Settlement And Appellate Tribunal · Decided on 10 June 2021

HON’BLE JUDGES
Shiva Kirti Singh, CP
CASE NUMBER
Telecom Petition 29 Of 2021

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Judgment

16 paragraphs · 290 words

Admit. No notice need to be issued because respondent is represented by Mr. Dhruv Tamta, Advocate on account of advance notice.

Heard learned senior counsel for the petitioner and Mr. Tamta.

It appears that the issue involved in this petition is same/similar to one in T P No. 28 of 2021. In that petition, an interim order has been passed on

3.6.2021( Annexure P-4) whereby time has been granted for filing reply and interim protection has been granted in terms of interim prayers (a) and

(b) of that petition. Those interim prayers have been reproduced in paragraph-6 of the present petition.

In the facts of the case, the same very interim protection is granted to the eight petitioners who have claimed to be similarly situated in all vital

aspects.

It will be proper to list this matter together with T P No.28 of 2021 under the heading ""For Directions"" on 2.8.2021.

The interim protection shall continue until further orders. Respondent may file its reply/short reply by end of July 2021. Time for rejoinder shall be

considered on the next date.

In the Interim order passed on 3.6.2021, a submission has been recorded that the impugned guidelines will effect the entire sector and such unilateral

change is without proper study of its impact.

Learned counsel for the petitioner in this case wants stay of the impugned guidelines. He submits that a number of similar petitions may have to

be filed by similarly placed small players and that will lead to multiplication of cases. This prayer shall be considered on the next date.

However, considering the present pandemic and that the Tribunal is having summer vacation, the respondent is directed to extend similar protectionÂ

to similarly placed licencees till the next date.