You can't decide our dispute with RInfra: Etislat to TDSAT

Etisalat DB today questioned the jurisdiction of Telecom Disputes Settlement and Appellate Tribunal (TDSAT) to decide on its Rs 1,200 crore dispute with Reliance Infratel.

Senior advocate Maninder Singh, appearing on behalf of Etisalat DB, submitted that RInfra was not a "service provider" within the definition assigned under the Trai Act and the petition filed by Reliance Infratel was not maintainable.

He further contended that as per the Trai Act, the telecom tribunal can not exercise its jurisdiction or adjudicate disputes between parties who are not a service provider and has erroneously admitted RInfra's plea.

According to Etisalat DB, jurisdiction for such a petition lies with a civil court and not with TDSAT.

During the proceedings, senior advocate Ramji Srinivasan appearing for the RInfra submitted that the company has IP-1 registration.

However, he also said that Reliance Communications does not have any IP-1 registration and this statement was recorded by the TDSAT bench headed by Justice SB Sinha.

IP-I registration is for infrastructure providing firm for leasing assets such as Dark Fibre, Right of Way, Duct space and Tower etc.

But the Etisalat counsel further contended that RInfra's petition does not involve any issue which is covered or regulated by statute, including the Telegraph Act, or the Trai Act or the UAS Licences under which the company was entitled to provide telecom services.

Etisalat DB is contesting RInfra's claim of Rs 1,200 crore as payment for use of the latter's telecom infrastructure.

RInfra approached TDSAT last month against Etisalat DB, a joint venture between UAE-based Etisalat and Dynamix Balwas Group of India.

Etisalat DB had entered into an agreement with the ADAG group firm for sharing telecom infrastructure on a 10-year lease in 2009.

However, following the recent Supreme Court decision canceling the licences of Etisalat along with other new entrants, RInfra moved the TDSAT for recovery of dues.

Etisalat DB has telecom services licence to operate in 15 circles.