WSCOTEL MOBILE COMMUNICATION LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an application under Section 9 of the Arbitration and Conciliation Act, 1996 with the following reliefs:

(2.) Notice was issued to the respondent Union of India. In response Mr.S.S. Sabharwal, Standing Counsel for Union of India, appeared and took a legal plea that this Court has no jurisdiction to deal with the matter in dispute in view of the provisions of the Telecom Authority of India Ordinance, 1997 (for short `Ordinance') which came into force on 25.1.199 It was further submitted that the Telecom Regulatory Authority of India (for short `TRAI') has been established by a notification issued on 20.2.1997. When the plea of lack of jurisdiction was taken, it was, with consent of parties, decided to take up for consideration and decision the said plea as a preliminary point for determination.

(3.) Since the main matter is said to affect not only Haryana Circlebut Punjab Circleas well two applications under Order 1 Rule 8A read with Section 151, CPC, were moved by two licencees in Punjab Circle, namely, M/s. J.T. Mobile Ltd. and M/s. Modicom Net Work Pvt. Ltd. for being impleaded as parties in this petition. The petitioner accepted notice of these applications and sought time to file reply.