A Division Bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad noted that the TRAI recommendations from 2016 as well as the Central government order dated September 29, 2021, imposing the fine, are already under challenge before the Telecom Disputes Settlement and Appellate Tribunal (TDSAT).
The Court also recorded that TDSAT has already stayed the Central govenment’s order and the TDSAT is empowered to deal with the case.
“The TDSAT has been empowered to deal with all disputes arising under the TRAI Act. After the Tribunal gives the conclusion that the Order dated 29.09.2021 passed by the Respondent No.2 is not sustainable in law, then automatically the recommendation dated 21.10.2016 which is under challenge in the instant writ petitions would be set aside,” the Bench said.
Source: Barandbench
