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november 2010

Supreme Court of India · 2010-11-29

B.S.N.L. vs RELIANCE COMMUNICATION LTD.

Citation / case number
SC 2010/25659
Court
Supreme Court of India
Petitioner
B.S.N.L.
Respondent
RELIANCE COMMUNICATION LTD.
Author
S.H. KAPADIA
Bench
S.H. KAPADIA,K.S. PANICKER RADHAKRISHNAN,SWATANTER KUMAR, ,

Judgment text excerpt

The Supreme Court determined that Clause 6.4.6 of the Interconnect Agreement between BSNL and Reliance Infocomm Limited is a pre-estimate of damages rather than a penalty, thus enforceable under the terms of the agreement. The Court held that the charges imposed by BSNL for unauthorized routing of ILD calls were justified and in accordance with the regulatory framework established by the Department of Telecommunications and TRAI. The judgment clarified the interpretation of contractual clauses in the context of telecommunications regulations, affirming the validity of BSNL's actions against Reliance.

B.S.N.L. vs RELIANCE COMMUNICATION LTD. · Niyam