Disputes Settlement and Appellate Tribunal, New Delhi (hereinafter
referred to as the ‘TDSAT') under Section 14(a)(i) read with Section ... raised at the first instance and
the earliest. It appears that after TDSAT remitted the matter to the
TRAI by observing that there
also been drawn to the written submissions filed before the learned TDSAT. The
questions raised are numerous and varied. The learned counsels have also taken ... submissions
would be raised before the learned TDSAT again and it would be taken through the
documents to which our attention has been drawn
related to the above
provisions”, are to be settled by the Authorities/TDSAT and
not by the Authorities under the Competition Act .
d) The concepts ... policy so declared, are the matters within
the jurisdiction of the Authority/TDSAT under the TRAI Act
only.
e) The Competition Act and the TRAI
proceeding before the Telecom Disputes Settlement &
Appellate Tribunal (for short, the TDSAT) in a petition filed
by the respondent herein under Section ... under Section 18 of the Act. The respondent approached the
TDSAT praying for a declaration that the action of the Union
of India in raising
Appellate Authority known as Telecom
Disputes Settlement and Appellate Tribunal (TDSAT) were constituted.
"Service provider" and "telecommunication service" have been
defined ... filed an application marked as Application No. 32(C) of 2005 before
TDSAT praying inter alia for the following reliefs:
"i) Direct the respondents
judgment and order delivered by Telecom Disputes Settlement and
Appellate Tribunal ("TDSAT") dated 17.1.2006 dismissing petition No. 108
of 2005 challenging the directive ... appellant it is this demand of BSNL which made the appellant move TDSAT
for settlement of dispute.
9. According to the appellant, circumstances mentioned above
finding that if the Telecom Disputes Settlement and Appellate
Tribunal ('TDSAT') or in any further appeal/further proceedings, it was
finally held that ... Central Government established the Telecom
Disputes Settlement and Appellate Tribunal ('TDSAT') to adjudicate any
dispute between a licensor and a licensee, between
available for
the reason of the Telecom Disputes Settlement and Appellate Tribunal
(TDSAT) having the exclusive jurisdiction over the disputes raised, under
Section 14 read ... meaning thereof in
the TRAI Act and therefore it is the TDSAT which has exclusive jurisdiction
to entertain and adjudicate the disputes between
claim for refund of Entry Fee .................................................................. 31
E Jurisdiction of TDSAT.................................................................................... 34
F The claim founded on frustration and restitution ........................................... 50
G The policy ... Entry Fee were in
the following terms:
1
― TRAI Act ‖
2
―TDSAT‖
3
(2012) 3 SCC 1 (―CPIL‖)
4
―UASL‖
3
PART A
―3. Duration
before the Telecom Disputes Settlement & Appellate Tribunal (for short, 'the TDSAT') in a petition filed by the respondent herein under Section ... under Section 18 of the Act. The respondent approached the TDSAT praying for a declaration that the action of the Union of India in raising
