BIRLA ATANDT COMMUNICATIONS LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a petition filed by the petitioner under section 9 of the Arbitration and Conciliation Act, 1996 seeking for an injunction against the respondents restraining the respondents from encashing the two post-dated cheques dated 12/1/1999 and 12/1/1998 and further restraining the respondents from encashing the two bank guarantees dated 9/12/1995. The petitioner has also sought for an ad interim injunction pending disposal of the petition.

(2.) The respondents entered appearance and therefore, on the aforesaid prayer of the petitioner for grant of an ad interim injunction pending disposal of the petition in the terms aforesaid, I heard Mr. Shanti Bhushan and Mr. Gopal Subramaniam, learned counsel appearing for the petitioner as also Mr. Trivedi, Additional Solicitor General appearing for the respondent.

(3.) The petitioner was given licenses for providing Cellular Mobile Telephone Services. Particulars relating to the licenses granted to the petitioner are given below in tabular form: ____________________________________________________________________________ S.No. Name of the Effective Start of the Demand of the company date of commercial licence fee for license service and the period number of subscribers, ____________________________________________________________________________ 1. M/s. Birla 12/12/95 Gujarat on 12/3/98 to 11/3/99 AT & T Maharashtra Comm., on 21/1/97 Total subscribers in the two States = 82611 (44051 in Maharashtra and 38560 in Gujarat), ____________________________________________________________________________