Tribunal stays actions over telecom violation, directs impleading, sets appeal date

The Tribunal stayed actions based on show-cause notices and a letter from the Department of Telecommunications, noting potential violation of an interim order. It directed the Appellant to implead the Department's Secretary and allowed Axis Bank Limited to be impleaded. Further proceedings were scheduled, and the main appeal was set for 8th April, 2019.

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Issues:
1) Clarification of the order dated 4th February, 2019
2) Challenge against show-cause notices for default in payment
3) Violation of interim order by Department of Telecommunications
4) Impleading Axis Bank Limited as a party Respondent

Analysis:

1) The Appellant filed an Interlocutory Application (IA) seeking clarification of the order dated 4th February, 2019. Another IA challenged show-cause notices issued to a company for default in payment and breach of license agreement. The Axis Bank was asked to invoke a guarantee, which was also challenged.

2) The show-cause notices dated 14th and 15th March, 2019 were issued to the company for default in payment of spectrum deferred installments and breaching the license agreement. The Appellant argued that these notices violated the order prohibiting the sale or transfer of any property without permission.

3) The Counsel for the Appellant contended that the Department of Telecommunications' actions, including the letter dated 20th March, 2019, were in violation of the interim order passed by the Appellate Tribunal on 4th February, 2019.

4) An IA was filed to implead Axis Bank Limited as a party Respondent due to the letter addressed to the bank. The Counsel for Axis Bank argued that the Department of Telecommunications could not issue directions to invoke the guarantee as per the interim order.

5) The Tribunal noted that the show-cause notices and the letter from the Department of Telecommunications seemed to contravene the interim order. It decided to hear the Secretary of the Department to determine the compliance with the order.

6) The Tribunal directed the Appellant to implead the Secretary of the Department of Telecommunications and allowed the impleading of Axis Bank Limited as a party Respondent. Notices were to be issued to the newly impleaded parties, and further proceedings were scheduled for a later date.

7) Pending further orders, the Tribunal stayed any actions based on the show-cause notices and the letter dated 20th March, 2019. The main appeal was set to be listed for further proceedings on 8th April, 2019.

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