MTC Represents Wateen Wimax In Grant Of Interim Injuction Against PTA Regarding Demand Of USD 5.7 Million

Mohsin Tayebaly & Co. has filed a civil suit before the High Court of Sindh at Karachi on behalf of our Client, Wateen Wimax (Private) Limited, challenging demand notes issued by its regulator, Pakistan Telecommunication Authority, directing payment of US Dollar 5.7 million on account Annual Radio Frequency Spectrum Fee retrospectively for the years 2005 to 2023.

Our Client is a Wireless Local Loop licensee and one of the largest telecom operators in Pakistan. In the Suit, our primarily submission is that the demand itself is ultra vires the Pakistan Telecommunication (Re-Organization) Act, 1996 as no provision thereof empowers the regulator to claim fee retrospectively. The demand is premised on a purported inquiry and audit conducted by the Federal Government. Our Client also maintains that the demand is contrary to the provisions of its license and the mechanism for charging spectrum fee.

The High Court Court was pleased to grant interim orders suspending the demand notes issued by the regulator. MTC’s team in this matter included Mr. Arshad Tayebaly (Senior Partner) and Mr. Abdul Ahad Nadeem (Senior Associate).