LAW FOR ALL

billing of port charges. = On 08.02.2013, BSNL issued a circular with respect to billing of port charges. Similarly, clarificatory circulars dated 22.02.2013 and 28.02.2013 were also issued. The respondents, namely, Association of Unified Service Providers of India and Cellular Operators Association of India filed writ petitions being W.P.(C) No. 1764/2013 and 1765/2013 LPA Nos. 200, 201, 242 and 243/2013 Page 7 of 10 respectively challenging the said circulars dated 08.02.2013 along with its clarificatory circulars dated 22.02.2013 and 28.02.2013 respectively. After hearing the parties, the learned Single Judge vide impugned order dated 18.03.2013 stayed the circular dated 08.02.2013 along with clarificatory circulars dated 22.02.2013 and 28.02.2013.= BSNL has now filed the present appeals, namely, LPA No. 242/2013 and 243/2013 to quash the order dated 18.03.2013 to the extent that the circular dated 08.02.2013 along with clarificatory circulars dated 22.02.2013 and 28.02.2013 are stayed with respect to existing port charges with directions to the respondent to furnish bank guarantees to BSNL Circles in terms of order dated 29.11.2012 passed by this Court and to pay service tax/surrender charges at the rates provided in the Interconnect Agreements i.e. Rs. 55,000/- per port.= We modify the directions of the learned Single Judge regarding filing of undertaking. Impugned order dated 18.03.2013 directs as follows:- “However, the petitioners shall file undertakings, in the form of affidavits, of Chairman and Managing Director, (or by a Director if CMD is not appointed) that they shall not alienate their assets, except in the ordinary course of business, till the next date of hearing. The undertaking will also indicate that the petitioners shall pay the differential amount in case they are called upon to do so if their challenge to the impugned circulars fails. The undertaking will also indicate that the monies will be paid by the petitioners with an appropriate rate of interest as may be determined by the court at the time of final adjudication. The undertaking will disclose the book value of the assets as against the differential liability that may get fastened in case the petitioners are called upon to pay as per demand made by respondent no.1, i.e. BSNL.”= “The petitioners shall file an undertaking in the form of an affidavit of their Chief Executive officer that they undertake to pay the differential amount in case they are called to pay if their challenge to the impugned order fails. They will also undertake that the amount mentioned will be paid by the said petitioners with an appropriate rate of interest as may be determined by the Court at the time of final adjudication.”= We also modify the direction in the impugned order as regard the recovery of service tax is concerned. BSNL will be entitled to recover the service tax in accordance with law, and not as stipulated in impugned order dated 18.03.2013 17. With these above indications, we dispose of the appeals. The parties are left free to make all their contentions and submissions before the learned Single Judge when the petitions are taken up for final disposal.