The department took this view on Saturday during the proceedings of a case in the Ghaziabad civil court over the recent disconnection of the company's cellular network in Uttar Pradesh, Bihar and Orissa.

DoT counsel informed the court that under clause 15.3 of the licence agreement, it had the option to take over the service and said this required certain action to be taken by the service provider whose licence had been terminated.

DoT said in order to provide continuity, it would be necessary for the erstwhile service provider to hand over the entire infrastructure, service, technical equipment, software, hardware and other related material. It said the network could not be taken over without the above and consequently no continuity can be provided.

DoT said the process in itself was a time-consuming one. As such, thedepartment has sought appropriate directions in this regard to Koshika Telecom. The plaint and contempt case against DoT officials will now come up for hearing on June 29, 1999.

DoT said in the event of takeover being facilitated in the manner as mentioned, it would be entitled to receive all the revenues from the subscribers. Counsel also submitted that Koshika be directed to hand over the books of accounts, lists of subscribers, details of the dues from subscribers and all other material to facilitate the take-over of the service.

The Ghaziabad civil court had issued an interim order on June 18, 1999 directing the continuity of Koshika cellular service via DoT network, on the basis of a suit filed before the court on June 16, 1999.

The court had issued contempt notices to DoT on June 22, 1999 for failing to comply with the order and summoned chairman of telecom commission Anil Kumar, member (production) RN Goyal and DDG value added services JR Gupta to appear before it on June 26. DoT counselrequested the court to exempt the officials from personal appearance and said they were unable to attend the court in person on Saturday.

DoT said these officials had a duty to perform for the public and nation at large and prayed that they be exempted as their presence in office was essential at a time when there was insurgency in Kargil sector.