Telecom tribunal TDSAT has directed state-owned telecom company BSNL not to take any coercive action against service provider Tata Tele Services by disconnecting it from its network.
The tribunal's order came over a petition filed by Tata Tele Services challenging a disconnection notice issued by BSNL on June 2, 2010, over alleged wrong routing of international calls on the PSU's network without having Caller Line Identification for the Andhra Pradesh Circle.
Passing an interim order, a Telecom Disputes Settlement and Appellate Tribunal bench headed by its chairman, Justice S B Sinha, directed PSU firm BSNL not to disconnect the Point of Interconnection (PoI) of Tata Tele Services.
"Indisputably, if disconnection of the petitioner's POIs is effected, the petitioner (Tata) will suffer an irreparable injury. On the other hand, the respondent (BSNL) can be compensated on monetary terms even if the petition is to be dismissed ultimately" said TDSAT.
TDSAT further directed Tata Tele to deposit Rs 30 lakh with BSNL as an interim measure.
"We are, therefore, of the opinion that interest of justice shall be sub-served if the interim orders, as has been prayed for, are issued, subject to the condition that the petitioner deposits a further sum of Rs 30 lakh," said Justice Sinha.
Over BSNL's contention that routing of non-CLI calls on its network by Tata Tele was "intentional and deliberate", the tribunal said even if it was true, then as per the terms and agreement between them, the fixed line service provider was merely to deposit only 50 per cent of the disputed bill.
Earlier, Tata Tele had approached Delhi High Court challenging bills raised by BSNL. Following this, the high court had directed it to pay Rs 30 lakh to BSNL.
As per the BSNL's policy, it charges the highest slab for interconnection charges on non-CLI calls forwarded by private operators on its network.