
Delhi High Court Refuses To Interfere With TRAI's Recommendation For Rs 1050 Crore Penalty On Vodafone, Says TDSAT Can Decide Issue On Merits
Live LawThe Delhi High Court has refused to interfere with Telecom Regulatory Authority of India’s recommendation to impose a penalty of Rs. Observing that the TDSAT has been empowered to deal with all disputes arising under the TRAI Act, the court observed that once the Tribunal gives the conclusion that the order dated 29.09.2021 of the Central Government is not sustainable in law, then automatically the recommendation dated 21.10.2016 would be set aside. Subsequently, the Central Government, in its order dated 29.09.2021, imposed penalty of Rs 950 Crores on M/s Vodafone Idea, for the 19 Licensed Service Areas it operated in, for violating the provisions of the license agreements and the ‘Standards Of Quality Of Service Of Basic Telephone Service And Cellular Mobile Telephone Service Regulations, 2009’. The court agreed that any observations by it in the instant writ petitions will have an adverse impact on the Telecom Petitions which have been filed before the TDSAT “In view of the pronouncements of the Apex Court, the Tribunals which are expert bodies and constituted under the statute to decide the disputes arising under that statute, then Courts must not interfere with under Article 226 of the Constitution of India,” it said. Case Title: Vodafone Mobile Services Ltd. & Anr vs Telecom Regulatory Authority Of India Citation: 2023 LiveLaw 447 Counsel for the Petitioner: Mr. Gopal Jain, Senior Advocate with Mr. Manjul Bajpai, Mr. Manu Krishnan, Mr. Vipul Singh, Ms. Madhavi Agarwal, Advocates Counsel for the Respondent: Mr. Ramji Srinivasan, Senior Advocate and Mr. Ritin Rai, Senior Advocate with Mr. K R Sasiprabhu, Mr.Aabhas Kshetrapal, Mr. Aditya Swarup, Mr. Tushar Bhardwaj, Mr.Vishnu Sharma, Mr. Manan Shishodia, Mr. Prakhar Agarwal, Advocates Ms. Arunima Dwivedi, CGSC with Ms. Pinky Pawar, Mr. Aakash Pathak, Advocates for UOI Click Here To Read/Download Judgment
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