Law: Pakistan Telecommunication (Re-organization) Act, 1996

Section: 7

Pakistan Telecommunication (Re-organization) Act (XVII of 1996)--- ----S. 7---Appeal---Contract, interpretation of---Term inter-operator charges---Scope---Bystanders test---Applicability---Appellant company was licensee of respondent / Pakistan Telecommunication Authority and had entered into Tower Sharing Agreement with third party---Appellant company was aggrieved of notice issued with regard to payments made towards annual regulatory fee after deducting payments made to third party---Validity---Test of bystanders is one of objectivity---Contractual terms should be understood or interpreted to mean that which a by stander to the contract, when asked about such a term, would ascribe to it---Test of objective interpretation is also referred to as reasonable man's test where meaning ascribed to a term is that, which a reasonable man, who is not party to the contract, could derive from bare reading of that term---Term inter-operator charges, as used in license agreement would mean the charges paid by one operator to another towards licensed activity of providing telecommunication services---Such term does not extend to all or any other payment made by one operator to another---High Court declined to interfere in the matter as the same did not suffer from any legal or factual infirmity---Appeal was dismissed, in circumstances. Islamia University Bahawalpur v. Muhammad Hameed Bhatti 2004 SCMR 649; Additional Collector Sales Tax v. Messrs Abdullah Sugar Mills Limited 2003 SCMR 1026 and Masud Humayun v. Federal Public Service Commission 2016 PLC (C.S.) 1091 ref. Rainy Sky SA v. Kookmin Bank (2011) 1 WLR 2900; Arnold v. Britton (2015) AC 1619 and Wood v. Capita Insurance Services Limited (2017) UKSC 24, rel. ORDER AAMER FAROOQ, C.J.----M/s Wi-Tribe (Pvt.) Limited (the Appellant) was granted license by Pakistan Telecommunication Authority (the Respondent) on 01.11.2004 to establish, maintain and operate telecommunication system and operate the telecommunication services in Pakistan. The permission granted was subject to the terms of license as well as the relevant law including Pakistan Telecommunication (Re-organization) Act, 1996 and Rules and Regulations framed by…

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