RELIANCE TELECOM LIMITED Vs. S. TEL PVT. LTD.

JUDGEMENT

(1.) THIS petition is for recovery of Rs. 1,11,70,648=00 from the respondent as dues of Inter -connect Usage Charges for the period January 2010 to January 2012.

(2.) THE basic facts of the case are simple and incontrovertible. The petitioner is the holder of licence granted by the Central Government under section 4(ii) of the Indian Telegraph Act, 1885. At the relevant time the respondent too held a licence under section 4(ii) of the Act. It may, however, be stated at the outset that the respondent's licence was one of the 122 licences cancelled by the Supreme Court vide its judgment dated 2 February 2012 in Centre for Public Interest Litigation v. Union of India : (2012) 3 SCC 1.

(3.) THE agreement defined "Inter -connect or Inter -connection", "Inter -connection Seeker", "Inter -connect Provider" and "IUC" in clause 1 as under: