DEPARTMENT OF TELECOMMUNICATIONS Vs. TATA TELESERVICES LIMITED

JUDGEMENT

(1.) Department of Telecommunications (hereafter 'DoT') has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter 'the Act') inter alia seeking to set aside the preliminary award dated 13.10.2016 (hereafter 'the impugned award') made by the arbitral tribunal constituted by the sole arbitrator, Justice Deepak Verma (Retd.), Former Judge, Supreme Court of India.

(2.) By the impugned award, the arbitral tribunal determined that it possesses the jurisdiction to decide certain issues referred to it as preliminary issues. It also directed that Circulars dated 13.10.2010 and 06.07.2011 (hereafter collectively referred to as 'the Circulars') were not binding upon the respondent, Tata Teleservices Ltd.

(3.) DoT is a department under the Ministry of Communications, Government of India (hereafter 'GoI') and is inter alia responsible for formulating developmental policies for the accelerated growth of telecommunication services in India. It is also responsible for grant of licences related to various telecom services including Unified Access Service Internet and VSAT service. Tata Teleservices Ltd. (hereafter 'TTL'), a part of the Tata Group of Companies, is a public company operating in the telecom sector.