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SC rejects Bharti Cellular's plea

By Our Legal Correspondent

NEW DELHI AUG. 23. The Supreme Court today dismissed an appeal by Bharti Cellular Ltd., challenging an order of the Telecom Regulatory Authority of India (TRAI) directing it to refund Rs. six crores to subscribers following shifting from fixed licence fee to revenue sharing regime.

A Bench, comprising Justice M.B. Shah and Justice D.M. Dharmadhikari, dismissed the appeal after hearing Bharti's counsel, Arun Jaitley, and TRAI's counsel, the Additional Solicitor-General, Kirit Raval.

Mr. Jaitley submitted that the mode of calculation and the process of refund and recovery stipulated by TRAI was arbitrary and against the principles of business causing hardship to the service provider.

On the other hand, Mr. Raval contended that had the recovery formula suggested by TRAI was bad, other service providers in the field would have challenged it. And there was no infirmity in the order, he said, and sought dismissal of the appeal.

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