Datacom, Unitech move HC seeking vacation of court order

Datacom and Videocon moved the Delhi HC seeking vacation of court order which will effect the priorities of the companies in the queue for spectrum.

Earlier the Delhi HC had directed that seniority of the petitioner would be not be affected if it proved that the Centre’s action was illegal in rejecting its application for Unified Access Service Licence on the ground that the company’s main objective did not include telecom as its business.

It further said that anything done by the Centre with those persons who had applied for grant of UASL made after the petitioner (Parsvnath) would be subject to the final outcome of the petition.

Unitech and Datacom contended before the court that order should be vacated as it affected the seniority of the two companies and the order was passed without giving them an opportunity to be heard.

The companies further argued that the court directive is in contrast to press release issued by DoT which states that seniority will be counted from the date of compliance of terms of LoI and not from the date of applications made in respect of grant of LoI as was interpreted by Parsvnath. The companies further alleged that Parsvnath had deliberately suppressed this fact before the court.

The court has posted the matter for hearing on April 28.

TT Bureau 11 Mar 2008 Telecomtiger