BHARAT SANCHAR NIGAM LTD Vs. TATA COMMUNICATIONS LTD

JUDGEMENT

(1.) The instant batch of appeals has been preferred by the appellant, Bharat Sanchar Nigam Ltd. assailing the judgment dtd. 20/8/2014 passed by the Telecom Disputes Settlement and Appellate Tribunal, New Delhi, followed with the order dtd. 14/10/2014 rejecting the application filed by the appellant seeking clarification of judgment dtd. 20/8/2014 to the extent that the rate of infrastructure charges for Active Links of Licensed Telecom Service Providers to be charged in terms of the circular dtd. 12/6/2012 has been made effective from 1/4/2013 instead of 1/4/2009 taking note of increase of 10% per annum between 1/4/2009 to 31/3/2013 as payable on 1/4/2013. As consequence thereto, the revised rates introduced by the appellant as per circular dtd. 12/6/2012, which although were proposed from 1/4/2009, shall be applicable with effect from 1/4/2013 but that was declined by the Tribunal under the order impugned.

(2.) It will be apposite to take a narration of facts for better appreciation of the controversy raised in the instant appeals.

(3.) The respondents herein who have been granted licenses under Sec. 4 of the Indian Telegraph Act, 1885, for providing telecom services such as Universal Access Service/Cellular Mobile Telephone Service/National Long Distance Service, etc. and the service providers entered into Interconnection Agreements with the appellant which is a public sector undertaking for interconnection of their telecom networks with that of the appellant.