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february 2019

Supreme Court of India · 2019-02-27

Mahanagar Telephone Nigam Limited vs Tata Communication Limited

Citation / case number
AIR 2019 SUPREME COURT 1233
Court
Supreme Court of India
Petitioner
Mahanagar Telephone Nigam Limited
Respondent
Tata Communication Limited
Author
R.F. Nariman
Bench
Vineet Saran, R.F. Nariman

Judgment text excerpt

The Supreme Court addressed a dispute under the Telecom Regulatory Authority of India Act, 1997, concerning Tata Communication Ltd.'s claim against Mahanagar Telephone Nigam Ltd. for adjusting dues based on a Purchase Order. The Court held that Tata Communication's failure to provide last mile connectivity as required by the Purchase Order justified the adjustment of dues, emphasizing that the delay in providing access to premises was not a valid excuse. The Court concluded that without reliable cost data for the connectivity, the respondents could invoke liquidated damages under clause 16.2 of the Purchase Order, affirming the TDSAT's decision.

Mahanagar Telephone Nigam Limited vs Tata Communication Limited · Niyam