Financial Daily from THE HINDU group of publications
Tuesday, Mar 29, 2005
Financial Daily from THE HINDU group of publications Tuesday, Mar 29, 2005 |
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Corporate Disputes Industry & Economy - Courts/Legal Issues Info-Tech - Telecommunications SC to decide jurisdiction issue in Reliance Info case — HC restrained from hearing petition J. Venkatesan
New Delhi , March 28 THE Supreme Court today by an interim order restrained the Delhi High Court from proceeding further to hear a petition filed by Reliance Infocomm challenging the levy of Rs 182.7 crore by Bharat Sanchar Nigam Ltd for alleged re-routing of international calls as local calls, despite BSNL's claim that only the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) had jurisdiction to decide the issue. The apex court will now decide the question of jurisdiction before permitting the High Court to decide on merit of the petition filed by Reliance Infocomm challenging the levy. A Bench of Mr Justice N. Santosh Hegde and Mr Justice S.B. Sinha, while staying the High Court proceedings on a special leave petition filed by the BSNL also issued notices to Reliance Infocomm and other respondents after briefly hearing its counsel Soli Sorabjee. BSNL had contended before the High Court that it did not have the jurisdiction to decide the dispute between the two telecom operators and that only the TDSAT could go into the issue. It had urged the High Court to first decide the issue of jurisdiction before hearing the merits of the petition. However, the High Court had stated that it would hear the petition filed by Reliance on merits as well as decide the question of jurisdiction. The special leave petition by the BSNL is against the High Court order. The BSNL contended that the Supreme Court had on December 3, 2004, directed the Reliance to pay up the entire demand before the matter was heard by the High Court. The order made it clear that the High Court should first decide the question of jurisdiction before taking up the petition on merits. The grievance of BSNL was that contrary to this direction, the High Court was going ahead with the hearing to decide the petition on merits. It sought a direction to stay the impugned proceedings.
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