Telecom tribunal TDSAT has disposed the petition of Idea Cellular against the government on the merger of six overlapping licences of Spice Communications saying that the subject matter of this petition is covered by the decision of the Delhi High Court.

"We, therefore, are of the opinion that in view of the order passed by the Division Bench of the Delhi High Court in Company Appeal No 42 of 2011 read with the later portion of its order of the same date, it must be held, that the subject matter of this petition is covered by the decision of the Delhi High Court.

"In this view of the matter nothing survives in this Petition, which is disposed of accordingly," said the TDSAT.

The High Court on July 13 had ruled that that dispute on transfer of Spice's six licences to Idea shall be decided and determined by the TDSAT and the parties.

However, the division bench of Acting Chief Justice A K Sikri and Justice Rajiv Sahai Endlaw had later added that the DoT would take a decision on transfer of licence within three months.

"Since we have upheld the order of the Company Judge except one modification, as per the order of the Company Judge, the DoT has to take decision regarding transfer of licences. The said decision shall be taken by the DoT within a period of three months," the division bench had added. 

The department of telecommunications (DoT) had refused Idea the permission for merger of its licences with Spice Communications licences for six telecom circles, Haryana, Maharashtra, Delhi, Punjab, Kartnataka and Andhra Pradesh. 

Idea had approached the Telecom Disputes Settlement and Appellate Tribunal on January 17, 2011.