ESCOTEL MOBILE COMMUNICATION LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, M/s Escotel Mobile Communications (P) Ltd., is the licensee of Union of India under Licence Agreement dated 12.12.1995 to establish, maintain and operate cellular mobile telephone service in Haryana Territorial Telecom Circle.

(2.) This petition has been moved under Section 9 of the Arbitration and Conciliation Act, 1996 (for short the "Act") with the prayers that the Union of Indiathrough the Secretary, Ministry of Communications & Chairman, Telecom Commission be restrained from interfering with or obstructing or causing or permitting to cause anybody else to interfere with or obstruct with the applicant in providing in the town of Panchkula the Cellular Mobile Telephone Service as part and parcel of the Haryana Territorial Telecom Circle. It was also prayed that the respondent be directed not to permit the licensees of Punjab Telecom Circle from providing Cellular Mobile Telephone Service in Panchkula.

(3.) Since the licensees of Punjab Telecom Circle were going to be affected by the prayers made in this petition M/s Modicom Network (P) Ltd. and M/s J.T.Mobiles Ltd. were impleaded as respondents in this petition. Learned counsel for the petitioner had no objection to such impleadment.