TELECOM DISPUTES SETTLEMENT & APPELLATE TRIBUNAL
NEW DELHI

Dated: 28/08/2023

TELECOM PETITION/25/2023

WITH
MISC APPLICATION/211/2023

Petitioner Name: Tata Communications Limited
Versus Respondent Name: Union Of India

BEFORE

HON'BLE MR. JUSTICE DHIRUBHAI NARANBHAI PATEL, CHAIRPERSON
HON'BLE MR. SUBODH KUMAR GUPTA ,MEMBER

For Applicants/Appellants/
Petitioners Advocate Dr. Abhishek Manu Singhvi, Sr Advocate,
Mr. Meet Malhotra, Sr Advocate,
Mr Mansoor Ali Shoket, Mr Nitin Kala,
Mr Kunal Singh, Mr Ravi S S Chauhan,
Mr Tanmay Jain, Ms Palak Singh,
Mr Avishkar Singhvi,
MR AMAN SHARMA

For Respondents Advocate Mr Apoorv Kurup,
Ms Aparna Arun,
Mr Shivansh Dwivedi

Amicus Curiae:

For Impleader(Pet.):

For Impleader(Res.):

ORDER

1. Having heard counsel for the petitioner and looking to the contentious issues raised in this Telecom Petition, this petition is admitted.

2. Notice upon respondent which is accepted by the learned counsel Mr. Apoorv Kurup. Counsel appearing for the respondent is seeking time to get instructions, to file reply and to file memorandum of appearance. Time, as prayed for, is granted till the next date of hearing.

3. Learned senior counsel appearing for the petitioner Dr. Abhishek Manu Singhvi has taken this Tribunal to various Annexures and Judgments and the Orders passed by the Hon’ble Supreme Court and also highlighted the relevant paragraph no.5 of the demand notice at Annexure P-1 of memo of this petition and various orders which have been passed by the Hon’ble Supreme Court dated 11.8.2011, 17.8.2011 and 1.8.2019 in C.A No. 5059/2007 and connected appeals along with C.A Nos. 311-318/2008 and 565-568/2008 and connected appeals (AGR Matters).

4. In view of the aforesaid Annexures, Orders and the Judgments by the Hon’ble Supreme Court and the impugned demand dated 17.08.2023 (Annexure p-1) which is for the periods of 2008-2009 to 2021-2022 [excluding FY 2009-10 (NLD), FY 2010-11 (ISP-IT) & FY 2021-22 (UL-ISP)], we hereby direct the respondent not to initiate any coercive steps against this petitioner in pursuance of Annexure p-1 till the next date of hearing.

5. List this matter along with Telecom Petition No.16/2023 under the heading "For Directions" on 13.9.2023.

( JUSTICE D. N. PATEL)
CHAIRPERSON

( SUBODH KUMAR GUPTA)
MEMBER