LAWS(DLH)-2009-10-65

LUCENT TECHNOLOGIES INC Vs. ICICI BANK LIMITED

Decided On October 13, 2009
LUCENT TECHNOLOGIES INC. Appellant
V/S
ICICI BANK LIMITED Respondents

JUDGEMENT

(1.) By this judgment I propose to decide IA Nos. 2288/2005, 3134/2005 & 5838/2006 (all under Order 39 Rule 1 & 2 of the Code of Civil Procedure filed by plaintiff) and 2758/2005 (under Order 7 Rule 11 of the Code filed by defendant no.1).

(2.) On 4th Marc 1998 the President of India acting through the Deputy Director General (Basic Services), Ministry of Communication of the Department of Telecommunications, awarded a non-exclusive licence under section 4 of the Indian Telegraph Act, 1885 to Shyam Telelink-defendant no. 2 herein, to establish, maintain and operate telephone service upto the subscriber's terminal connection in the area of the "Rajasthan circle" for an initial period of 15 years.

(3.) The defendant no. 2 herein issued a letter of intent, dated 30th August, 1999 to the then Tata Lucent Technologies Ltd. (subsequently known as the 'Lucent Hindustan Technologies Pvt. Ltd.') for the supply and delivery of all the equipment and performing services necessary for it for the installation of the basic services telecom network project in the territory of Rajasthan, thus expressing their willingness to place orders for the equipment and services.