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United Telecoms Ltd vs Department Of Telecommunications

Telecom Disputes Settlement And Appellate Tribunal · Decided on 2 May 2024 · Citation: (2024) 05 TDSAT CK 0001

HON’BLE JUDGES
Dhirubhai Naranbhai Patel, Chairperson · Subodh Kumar Gupta, Member
CASE NUMBER
Telecom Petition No. 35 Of 2022 Withmisc Application No. 124, 162, Of 2024
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Judgment

7 paragraphs · 342 words

M.A. No. 162 of 2024 – 1. This M.A. has been preferred by the respondent – Department of Telecommunications for vacating the stay which has been granted by this Tribunal vide order dated 23.09.2022.  Notice upon original petitioner, which is accepted by Mr. Varun Sharma  and he is seeking time to file reply.  Time to file reply is granted to the respondent till the next date of hearing.

2.

Counsel appearing for the applicant (original respondent) submits that out of the total demand of approximately Rs.1200 Crores now, the original respondent is insisting payment of Rs.56.50 Crores which is arising out of only telecom revenue received by the petitioner and so far as remaining amount is concerned, the issue is already sub-judice before Hon’ble the Supreme Court of India in Civil Appeal No.9012 of 2022.  Counsel appearing for the appellant (original respondent) seeks time to file an affidavit justifying the demand of Rs.56.50 Crores out of total demand of approximately Rs.1200 Crores.

3.

Time to file further affidavit by the respondent is granted till next date of hearing.

4.

M.A. No. 124 of 2024 -   This M.A. has been preferred by the original petitioner seeking stay against the demand notices which have been issued by the respondent for the FY 2009-10 till 2017-18 and also seeking further direction not to initiate recovery proceedings in respect of the said demand notices during the pendency of this Telecom Petition.

5.

Looking to the order passed by this Tribunal dated 23.9.2022 and also looking to the fact that the said interim relief granted by this Tribunal has been continued till today,  we, hereby direct the respondent not to take any coercive steps in pursuance of the demand notices which are at Annexure – A-17 (Colly) filed along with additional affidavit for the FY 2009-10 till 2017-18 till the next date of hearing.

6.We further direct the respondent not to terminate the services of providing internet services by the petitioner in state of Goa till next date of hearing.

7.

This matter is adjourned to 26.7.2024.