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Vodafone Idea Ltd.gj vs Union Of India

Telecom Disputes Settlement And Appellate Tribunal · Decided on 13 December 2023 · Citation: (2023) 12 TDSAT CK 0023

HON’BLE JUDGES
Ram Krishna Gautam, Member
CASE NUMBER
Telecom Petition No. 30 Of 2019 With Misc Application No. 150 Of 2019, 114, 115 Of 2023
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Judgment

11 paragraphs · 419 words

M.A. No. 114 of 2023

1.

We have heard learned senior counsel appearing for the petitioner Mr. Meet Malhotra at length who has heavily relied upon paragraphs 1, 2 and 6 of the affidavit filed by the Assistant Divisional Engineer (Telecom), Department of Telecommunications, Government of India, New Delhi and has submitted that looking to the annexures annexed with the memo of his reply filed by the aforesaid officer, approximately Rs.750 Crores have been received in excess by the respondent than what is legally payable by the petitioner, and therefore, this amount may be adjusted towards the liability to this petitioner for Quarter – 2 licence fee etc.

2.

Counsel for Union of India is seeking time.

3.

We, therefore, direct the Secretary of Department of Telecommunications, Union of India to file an affidavit in this matter.

4.

It ought to be kept in mind that in these types of matters where huge amount is involved, Secretary himself/herself should have filed the affidavit instead of filing the same by an Assistant Divisional Engineer.

5.

Registry of this Tribunal is hereby directed to send a copy of this order initially by fax and thereafter by registered post AD to Secretary, DoT, Union of India, New Delhi.

6.

We also direct Registry of this Tribunal to send a copy of the reply filed by the Assistant Divisional Engineer (Telecom) in M.A. No. 114 of 2023 in T.P. No.30 of 2019 to Hon’ble the Minister of Communications, Union of India, New Delhi by a special messenger.

7.

It appears that in the facts of the present case, the high ranking Administrative Officers have thrown the burden upon the Assistant Divisional Engineer of DoT who has filed the affidavit with admission of facts that there is an excess payment by the petitioner of approximately Rs.750 Crores.

8.

We hereby direct Secretary, DoT to remain personally present before this Tribunal tomorrow i.e. 14.12.2023 at 11.am.

9.

The concerned Director, DoT is present in the Court and the Assistant Divisional Engineer who has filed the affidavit is also present.  It appears that the concerned Director Mr. Rahul Singh appears to be very eager to know the outcome of admission of facts by Union of India of about approximately Rs.750 Crores, but, he is not ready to bear the burden of the responsibility on his shoulders of this type of an affidavit where there is admission of receipt of excess amount of approximately Rs.750 Crores by Union of India.

10.

This matter is adjourned to 14.12.2023.