RELIANCE INFOCOMM LIMITED Vs. BHARAT SANCHAR NIGAM LIMITED

JUDGEMENT

(1.) THE PRAYERS IN THIS PETITION ARE THAT BHARAT SANCHAR NIGAM LIMITED (BSNL IN SHORT) BE DIRECTED TO CONTINUE TO PROVIDE TO RELIANCE INFOCOMM LIMITED (RIL IN SHORT) OF INTERCONNECT FACILITIES AT ALL POINTS OF INTERCONNECTION IN ACCORDANCE WITH THE INTER-CONNECTION AGREEMENT SUBSISTING BETWEEN THE PARTIES REGARDING ILD, NLD AND UA SERVICES AND FURTHER THAT BSNL BE RESTRAINED FROM DISCONNECTING THE PETITIONERS POINTS OF INTER- CONNECT OR ACTING UPON THE THREATS OF DISCONNECTION CONTAINED IN ITS LETTER DATED 29TH OCTOBER, 2004.

(2.) THE MATTER HAS BEEN ARGUED IN GREAT DETAIL AS THE RESPONDENT IS ALSO REPRESENTED BY MR.RAJIV NAYYAR. THE LETTER DATED 29TH OCTOBER, 2004 (ANNEXURE P20) IS ON THE SUBJECT OF `VIOLATION OF NLD SERVICE INTERCONNECT AGREEMENT-UNAUTHORISED ROUTING.' THIS LETTER REFERS TO RILS COMMUNICATION DATED 14TH OCTOBER, 2004? THE STAND OF THE RESPONDENT CAN BE GLEANED FROM THE SAID LETTER WHICH IS THEREFORE REPRODUCED VERBATIM: BHARAT SANCHAR NIGAM LIMITED (A GOVERNMENT OF INDIA ENTERPRISE) 611, STATESMAN HOUSE, B-148, BARAKHAMBA ROAD, NEW DELHI.-1 NO. 431-2/2004-REGLN DATED 29TH OCTOBER 2004 TO M/S. RELIANCE INFOCOMM LIMITED, 13TH FLOOR, VIJAYA BUILDING, 17 BARAKHAMBA ROAD, NEW DELHI-110001. SUBJECT: VIOLATION OF NLD SERVICE INTERCONNECT AGREEMENT- UNAUTHORISED ROUTING PLEASE REFER TO YOUR OFFICE LETTER NO. RIL/BSNL/04-05/267 DATED 14TH OCTOBER, 2004 ADDRESSED TO CMD, BSNL REQUESTING TO ACCEPT PAYMENT OF RS. 53.71 CRORES WITH AN INTENTION TO AMICABLY SETTLE THE ISSUE WITH BSNL STATING THAT THESE DEPOSITS ARE SUBJECT TO ADJUSTMENT AGAINST THE FINAL DECISION REACHED BY THE BSNL HQ ON THIS ISSUE AND FURTHER REQUESTED TO ISSUE NECESSARY DIRECTIVES TO THE BSNL FIELD UNITS TO RESTORE ALL THE DISCONNECTED POIS AND NOT TO DISRUPT ANY MORE POIS TILL A FINAL DECISION IS TAKEN BY BSNL HQ. YOU HAD FURTHER STATED IN THIS LETTER DATED 14.10.2004 THAT THE DECISION OF BSNL HQ WOULD BE ACCEPTABLE TO M/S. RELIANCE INFOCOMM LIMITED (RIL).

(3.) MR.ROHTAGI, LEARNED SENIOR COUNSEL APPEARING FOR RIL HAD STATED THAT THE PETITIONER HAD RECEIVED PEREMPTORY ORDERS FROM THE GOVERNMENT OF INDIA, DEPARTMENT OF TELECOMMUNICATION, NEW DELHI TO DISCONTINUE ITS EXTANT PRACTICE ADHERED TO BY RIL WITHIN ONE HOUR. THIS HAPPENED BECAUSE THE "GOVERNMENT HAS CONSISTENTLY MAINTAINED THAT THE CALLING LINE IDENTIFICATION SHALL NOT BE CHANGED. FURTHER, THE HANDING OVER OF THE TELECOMMUNICATION TRAFFIC HAS TO BE AS PER THE PROVISIONS OF THE LICENCE AGREEMENT AND REGULATIONS ISSUED BY TELECOM REGULATORY AUTHORITY OF INDIA FROM TIME TO TIME AS PER PROVISIONS OF TELECOM REGULATORY AUTHORITY OF INDIA ACT, 1997 (HEREINAFTER REFERRED TO AS `TRAI ACT') AND SUCH HANDING OVER OF THE TRAFFIC HAS ALSO TO BE AS PER THE MUTUAL AGREED INTERCONNECTION AGREEMENTS. HENCE M/S RELIANCE INFOCOMM LTD. IS DIRECTED TO DISCONTINUE SUCH FEATURES WITHIN ONE HOUR OF THE RECEIPT OF THIS LETTER AND SHOULD EXPLAIN WITHIN FIFTEEN DAYS OF THE RECEIPT OF THIS LETTER AS TO WHY APPROPRIATE ACTION INCLUDING IMPOSITION OF PENALTY MAY NOT BE TAKEN AGAINST M/S RELIANCE INFOCOMM LTD. FOR VIOLATION OF TERMS & CONDITIONS OF THE LICENCES AS INDICATED ABOVE."