VODAFONE SPACETEL LTD Vs UNION OF INDIA
- Case No.TELECOM PETITION/71/2012 (VODAFONE SPACETEL LTD Vs UNION OF INDIA) [#105036]
Ratio decidendi
The rule this decision rests on
Where petitions challenging penalties raise facts and issues similar to a connected petition already before the Tribunal, similar interim orders may be made in them, the earlier orders being applied as a matter of principle. Pending detailed examination of each petition after the respondent's reply, the Tribunal may, in the interest of both parties, make interim relief against a penalty conditional on payment of 25% of the penalty imposed in respect of failed CAF forms based on photo identity issued by a Village Panchayat Head and caste and domicile certificates with photo issued by a State Government, activated between 20.7.2010 and 31.03.2011. That order is subject to the final decision in the petitions. A petition challenging a penalty imposed in respect of a North-Eastern State other than Assam must be filed separately, and a petition covering several such States is confined to the penalty relating to Ass
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
O R D E R
These petitions have been filed to challenge the demand notices received by it for the North East Service Area in terms of our directions dated 06.02.2012 passed in Petition No. 15 of 2012 (COAI Vs Union of India & Anr) and other connected matters, wherein we had directed as follows : “ Idea Cellular, Vodafone, Dishnet and Reliance Communication have filed only one petition. The petitions filed by the aforementioned operators shall be confined to the State of Assam only. If the licensees intend to question the penalty imposed by the respondent on them in respect of North-Eastern states, they may file separate petitions.”
2. In our order dated 06.02.2012, we had further directed that : “We are of the view that each petition requires detailed examination after filing of reply by the respondent. However, keeping in view the interest of both the parties into consideration, we are of the opinion that interest of justice will be sub-served if the petitioners are directed to pay the 25% of the penalty imposed by the respondent within a period of one week. This order would, however, be subject to any other or further order which may be passed by the Tribunal.”
3. The matter again came up before this Tribunal for clarification of our order dated 06.02.2012 by way of Miscellaneous Applications being M.A. No. 69 of 2012 in Petition No. 25 of 2012 (Dishnet Wireless Vs UOI and other connected matters) filed by the petitioners herein and this Tribunal has clarified on 28.02.2012 in the following terms: “10. Therefore, we would like to clarify our orders dated 18.5.2011 and 03.6.2011 passed in Petition No. 252 of 2011 will be applicable to these petitions also as a matter of principle and furthermore, only 25% of the penalty relating to failed CAF forms based on photo identity issued by Village Panchayat Head and Caste and Domicile certificate with photo issued by State Government shall be payable as an interim measure. 11. However, this order will be subject to the final order in these petitions as well as in Petition No. 252 of 2011.”
4. As the facts and issues raised in these petitions are similar to Petition No. 15 of 2012, we are of the opinion that similar orders may be issued in these cases also.
5. Therefore, it is directed that our orders dated 18.5.2011 and 03.6.2011 passed in Petition No. 252 of 2011 will be applicable to these petitions as a matter of principle and only 25% of the penalty relating to failed CAF forms based on photo identity issued by Village Panchayat Head and Caste and Domicile certificate with photo issued by State Government activated between 20.7.2010 to 31.03.2011 shall be payable as an interim measure. However, this order will be subject to the final order in these petitions as well as in Petition No. 252 of 2011.
……………….. (S.B. Sinha) Chairperson
……………….. (P.K.Rastogi) Member /NC/
Connected matters
Decided by the same order
- RELIANCE TELECOM LTD Vs UNION OF INDIA13 March 2012
- DISHNET WIRELESS LTD. Vs UNION OF INDIA13 March 2012
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