Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1885 Indian Telegraph Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Directions Issued |
Headnote | Indian Telegraph Act, 1885 – Definition of Adjusted GrossRevenue (AGR) and dues to be paid thereunder, decided by SupremeCourt in Union of India v. Association of Unified Telecom ServiceProviders of India reported as [2019] 16 SCR 672 – Payment of –Representation by telecom service providers and Indian Banks’Association – Period of 20 years fixed by Union of India – Held:There shall not be any dispute/re-assessment by any of the TelecomOperators for the demand raised by Department of Telecom (DoT)w.r.t the AGR dues based on the judgment of this Court – However,period of 20 years fixed for payment is excessive – At first instance,Telecom Operators to make payment of 10% of the total dues asdemanded by DoT by 31.03.2021 – Telecom Service Provider (TSPs)to make payment in yearly instalments commencing from 01.04.2021up to 31.03.2031 payable by 31 st March of every succeedingfinancial year – Any default in payment to attract interest as peragreement with penalty and interest on penalty – Directions issued– Insolvency and Bankruptcy Code, 2016 – Indian WirelessTelegraphy Act, 1933 – Telecom Regulatory Authority of India Act,1997.Insolvency and Bankruptcy Code, 2016 – Payment of AdjustedGross Revenue (AGR) dues – Telecom Service Providers resorted toinsolvency proceedings – Bona fide of – Held: Said question alongwith several other questions like if spectrum licence can be subjectedto such proceedings; dues under the licence can be said to beoperational dues etc., being a jurisdictional one requires to be goneinto at this stage itself – To be examined by National Company LawTribunal (NCLT) – Indian Telegraph Act, 1885.Telecommunication – Spectrum sharing – Past AGR dues oflicensee – Liability of – Held: Shared operator Telecom ServiceProvider (TSPs) cannot be saddled with the liability to pay the pastdues of AGR of licensee, that have shared the spectrum with theoriginal licensees. |
Judge | Hon'ble Mr. Justice Arun Mishra Hon'ble Mr. Justice M.R. Shah Hon'ble Mr. Justice S. Abdul Nazeer |
Neutral Citation | 2020 INSC 527 |
Petitioner | Union Of India |
Respondent | Association Of Unified Telecom Service Providers Of India Etc. Etc. |
SCR | [2020] 11 S.C.R. 541 |
Judgement Date | 2020-09-01 |
Case Number | 6328-6399 |
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