TDSAT | Previous Judgment applicable as the same was not put on stay by the Court, rates of infrastructural charges can be revised

Telecom Disputes Settlement & Appellate Tribunal (TDSAT), New Delhi: Petitioner prayed before Shiva Kirti Singh, Chairperson and A.K. Bhargava, Member to set aside or quash the circular/letter in order to restrain the rates derived from circular in accordance with Tribunal’s previous judgment. By interim relief sought by the petitioner, they had asked to put a stay on the circular and to stop the respondent from taking any coercive action against petitioner for recovery of amounts under the impugned circular/letter.

It was submitted by the petitioner that earlier when a similar circular was issued by respondent whereby the infrastructural charges rates were revised the Tribunal upheld the same but it was to apply prospectively i.e. from next financial year. Though the aforementioned judgment was challenged before the Supreme Court to no stay on the judgment and order was granted.

Tribunal was of the view that earlier interim relief was passed in a routine manner without noting anything on merits and without looking at the law laid down in the judgment so earlier passed. In the judgment, so passed petitioners were only protected from imposition of rates from any date prior to the next financial year with a declaration that respondents can revise the rates of infrastructural facilities. Since that judgment was not stayed, no prima facie case to grant interim stay in the instant case arose. Tribunal found a balance of convenience not in favour of petitioner in respect to money claim as payment made under the impugned circular was subject to the result of the petition. Therefore, Tribunal rejected the prayer for interim relief. [Cellular Operators Assn. of India v. Bharat Sanchar Nigam Ltd., 2019 SCC OnLine TDSAT 63, dated 05-04-2019]

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