9911796707
TMI Blog2003 (7) TMI 484X X X X Extracts X X X X X X X X Extracts X X X X ..... ernment departments and Public Sector Undertakings etc. The respondent is a trader of telecom equipment and used to purchase telecom equipments from the petitioner and sell the same to its customers. The telecom equipments were shipped by the petitioner to the respondent on the basis of the purchase order issued by the respondent for the same. During the course of its business with the respondent, the petitioner supplied and delivered telecom equipments of certain quantities at agreed prices to the respondent and raised invoices for the telecom equipments supplied, which were duly accepted. The said equipments were used and utilised by the respondent and at no stage the respondent raised any dispute either with regard to quality or standard ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spite of receipt to the same. Accordingly, the present petition was filed in this Court praying for the aforesaid relief. 4. The respondent has filed a reply to the petition filed by the petitioner, taking up a stand that the aforesaid amount is not legally due and payable as the petitioner did not have a valid licence to deal with the aforesaid goods on the date when the aforesaid supplies were made to the respondent. It was submitted by the Counsel appearing for the respondent that since the petitioner did not have a valid licence when the aforesaid supplies were made to the respondent, the demand made by the petitioner is void in view of the provisions of section 23 of the Indian Contracts Act and, therefore, the petition is liable t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under the Indian Wireless Telegraphy Act, 1933 read with the rules made thereunder. A WPC-Dealers Licence under the Indian Wireless Telegraphy Act, 1933 is granted under the provisions of the Indian Wireless Telegraphy (Possession) Rules, 1965. A copy of the said Rules is placed on record. Rule 3 thereof deals with the licensing requirements. It is provided therein that no person shall possess wireless telegraphy apparatus except under in accordance with a licence issued under these Rules and that no person shall sell, hire or otherwise transfer a complete wireless set to any person, who is not in possession of a valid licence issued in his name either under these rules or under the Indian Telegraph Act. There is a note appended thereto, o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from the letter dated 1st March, 2000. Therefore, there cannot be any dispute with regard to the fact that the petitioner had a valid licence upto 31st March, 2000, which is not disputed by the Counsel appearing for the respondent during the course of his submission. Even thereafter, the petitioner requested the Department of Telecommunicat-ions for grant of a licence till 31st December, 2001 and the document evidencing the said fact are placed on record. In this connection, reference may be made to the letter dated 4th May, 2001. Request was sent by the petitioner for renewal of the licence for the period ending on 31st December, 2001. A bank draft towards the licence fee was also sent to the Department of Telecommunications towards renewa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not have the power to deal with the said instruments and equipments as it did not possess a valid licence. The respondent has not come to the Court with clean hands and has taken up an unwarranted and untenable plea that the petitioner did not have a valid licence for the supplies made when, in fact, there are documents placed on record to prove and establish that the petitioner had such a valid licence. Grant of a licence by the competent authority is valid for one full year and therefore, it cannot be said that supplies made by the petitioner to the respondent was not covered by a valid licence. 9. In view of the aforesaid position and conclusion that the petitioner had a valid licence for the aforesaid supplies made, it is not neces ..... X X X X Extracts X X X X X X X X Extracts X X X X
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