TDSAT on Tuesday sought government reply over a petition file by GSM service provider Spice Telecom seeking a pan-India licence.

The B K Modi-owned firm had last week challenged the department of telecommunication decision to reject its application for issue of licence to provide telecom services in 16 circles.

During the proceedings, Spice Telecom's counsel Mukul Rohatgi contended that DoT decided not to allow the licence as the operator had a turnover of only Rs 1,100 crore (Rs 11 billion). The decision was discriminatory, he said.

However, Telecom Dispute Settlement and Appellate Tribunal declined to pass any interim relief to the firm.

"I would like to hear the other side (DoT) before passing any order," said TDSAT Chairman Justice Arun Kumar.

DoT had denied Spice a licence for operations in 16 circles on the ground that it does not have a networth required to be a pan-India operator.

However, DoT gave it a licence to function in Andhra Pradesh, Haryana, Delhi and Maharashtra. Presently Spice is providing cellular services in Karnataka and Punjab circles.

Spice and S Tel were the only two operators that were denied a pan-India licence for GSM services last week.

S Tel was also alloted spectrum for 6 circles only and had challenged it before Delhi High Court, where it failed to get any relief.

TDSAT has listed the matter on January 30 for next hearing.