Tata Teleservices Limited And Another vs The Union Of India And Others on 2 August, 2013

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Calcutta High Court (Appellete Side)

Tata Teleservices Limited And Another vs The Union Of India And Others on 2 August, 2013

Bench: Sanjib Banerjee

                                         1


 Serial. 48.
August 2, 2013.
   SG
                         W.P. No. 10617 (W) of 2013
                                    with
                            CAN 7936 of 2013


                       Tata Teleservices Limited and another
                                    -versus-
                        The Union of India and others

                        Mr.   Pratap Chatterjee
                        Mr.   Jishnu Saha
                        Mr.   D. Ghosh
                        Mr.   Mansoor Shoket
                        Mr.   Sanjay Ginodia
                        Mr.   Manoj Kumar Tiwari
                                          ......for the petitioners.


                   Re. CAN 7936 of 2013.


                  The respondents are not represented despite apparent service.

When the petition was received on April 19, 2013 it was recorded that the petitioners intended to surrender a portion of the CDMA spectrum that had been allotted to the petitioner company and it was observed that the surrender "shall be without prejudice to the rights and contentions of the petitioners."

The relevant document submitted in court was directed to be retained with the papers.

The petitioners claim that the petitioners' offer to surrender a part of the spectrum was specified to be subject to the outcome of the petition. In reply to the petitioners' letter of April 9, 2013, the 2 department demanded the request for surrender of the spectrum to be "without any contention."

Since it appears from the order dated April 19, 2013, that the petitioners were permitted to surrender a part of the CDMA spectrum without prejudice to their rights and contentions in the petition, the partial surrender of the spectrum will be accepted by the department and the same will not prejudice the petitioners at the final hearing of the petition.

The petitioners say that the partial surrender of the spectrum will be completed within four months from date.

CAN 7936 of 2013 is allowed as above without any order as to costs.

The petition will appear, as directed, for hearing in the combined monthly list of August, 2013.

Urgent certified website copies of this order, if applied for, be made available to the parties, subject to compliance with all requisite formalities.

(Sanjib Banerjee, J.) 3

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Calcutta High Court (Appellete Side)