Vodafone Idea Limited vs Union Of India

Four weeks further time is prayed on behalf of the Petitioner in T.P.No.36 of 2020 for filing their draft Issues. It was further submitted that draft Issues have already been filed on behalf of the Petitioner in T.P.No.28 of 2020.

Draft Issues have been filed on behalf of the Respondents (Union of India) during the course of hearing in the Court today itself in both the matters. It was prayed on behalf of the Respondents that Issues be settled in T.P.No.28 of 2020.

As prayed, heard the learned counsels appearing on behalf of the parties and perused the record of the case, and in the light of the material available on record of the case, the following Issues are settled in T.P.No.28 of 2020:

ISSUES

i. What shall constitute improper submission or deficiency in the self-certificate so as to incur the liability of penalty under Clause-7.1 and 7.1.1 of the Dept. of Telecommunications Circular dated 20.11.2013 ?

ii. Whether penalty can be imposed in case of incomplete / improper / non-submission or any other discrepancy in site data, shared site data and / or Appendix-A to D (as applicable for the type of certificate) to test the procedure prescribed in the guidelines dated 2.10.2012 and 4.6.2018 ?

iii. Whether BCCH frequencies are relevant and required during the Broadband Measurement Testing especially when the TSPs are given option to choose the mode of testing ?

iv. Whether non-capturing of correct BCCH frequencies for broadband testing would constitute to be improper submission or deficiency in self-certificate making the TSP liable for penalty under Clause-7.1 of the DoT Circular dated 20.11.2013 ?

v. Whether the Petitioner is entitled to a decree for setting aside the demand notice dated 4.3.2020 and rejection letters dated 8.6.2020 along with letters rejecting the representations along with letter dated 24.6.2020 of the Petitioner seeking to en-cash the Bank Guarantee ?

vi. Whether procedure for harmonization as communicated on 31.5.2016 is binding and operational or is still in vogue on the date of imposition of penalty in the instant case ?

vii. To what other relief / reliefs the Petitioner is entitled to ?

It was further submitted on behalf of the Petitioner in T.P.No.36 of 2020 that since the matter is a bit technical, she needs four weeks further time for filing their draft Issues. The time as prayed is allowed to the Petitioner in T.P.No.36 of 2020.

The Petitioner, however, may file their evidence affidavits, if any, in T.P.No.28 of 2020 within four weeks from now. The Respondents may file their evidence affidavits within four weeks thereafter. Let the matter be listed for "Directions" on 29th August, 2023.