term or condition of a licence,
as in the present case, the recommendations of TRAI
will not prevail and instead the decision of the
Central ... been quoted with approval
by the Apex Court in the case of BSNL v. TRAI, (2014) 3 SCC 222.
23. The Apex Court has also
declaration and the
confirmation furnished by the Petitioner, in case TRAI
considers expedient so to do. Pertinently, TRAI has
filed an affidavit dated ... Regulatory Authority of India (TRAI) stating that in
view of subsequent developments in the case, nothing
survives in the instant writ petitions and, therefore
Interconnect Regulations, notified by TRAI,
mandates non-discrimination. The same is the situation in Judgement of
TDSAT in NSTPL Case. The RIO of the Respondent ... judgement dated 19.10.2012 in Unified Cable
Operator Welfare Association Vs. TRAI case. Rather in above judgement itself,
it has been propounded that level playing field
TRAI. The functions of the TRAI
under the TRAI Act are restricted to the functions cited in Section 11
of the TRAI ... TRAI Act to hold that the TRAI has the power to call for
information from telecom service providers under the provisions of
the TRAI
punitive
damages of Rs. 5,000/- payable to the Complainant.
2
3. Case of the Complainant in short is as follows:-
That the Complainant ... Directions dated
04/7/2011 and 10/7/2013 issued by TRAI.
5. Case of OP1 and OP2 in short is as under:-
That
term or condition of a
licence, as in the present case, the recommendations of TRAI will
not prevail and instead the decision of the Central ... TRAI as provided in the provisos to Section 11(1) of the TRAI Act.
Instead, the Tribunal has considered the recommendations of
TRAI and passed
facts and circumstances of the case and
also looking to the provisions of Section 16 of
the TRAI Act, 1997, we hereby issue Bailable
Warrant ... facts and circumstances of the case and
also looking to the provisions of Section 16 of
the TRAI Act, 1997, we hereby issue Bailable
Warrant
test of manifest arbitrariness as
explained in the case of Cellular Operators
Association of India Vs. TRAI (2016) 7 SCC
703, was noted as below
pleasad fo Slay ali the further proceedings including the trai of fhe case O.S.No.
852016 on the fle of the Und Additional Senior
recovery of amount, is not barred by pending criminal
cases. Interest @ 18%, in case of delayed payment, was very well there
in the agreement, itself ... stand upon evidence adduced by him.
Though unlike a criminal case, in civil cases there is no mandate for
proving fact beyond reasonable doubt
