The TDSAT turned down the plea of B K Modi-promoted Spice Communications which has pleaded that since tribunal would not be sitting for a month on account of summer vacation, it should stay allotment of spectrum till July 3, next date of hearing.
"Yes I agree with your points ... But spectrum could also be utilised for larger public good also. It has involved larger public interest also," said TDSAT Chairman Justice Arun Kumar.
Spice, which has challenged rejection for pan-India GSM licence by government, strongly pleaded to stay the spectrum allocation process contending that it may neutralise its commercial growth.
The BK Modi firm submitted before the Telecom Dispute Settlement and Appellate Tribunal (TDSAT) that if the tribunal order goes in its favour then by that time all the market would be captured by the new entrants.
"Nothing would be left for us. We would be commercially ruined. Our competitors would go before us and capture the market. They are already raising infrastructure," submitted the counsel appearing for the GSM service provider.
He also submitted that the Department of Telecom (DoT) arbitrarily rejected its application on the networth issue and kept it out wrongly from a self-defined term.
This was opposed by government through Additional Solicitor General on the ground that the petition filed by Spice was not maintainable.
