NDLI: Loop Telecom and Trading Limited Vs. Union of India and Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	23 Telecommunication: Contract Act 1872 – ss.65 56 – Unified Access Service Licenses (UASL)
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Telecommunication: Contract Act, 1872 – ss.65, 23, 56 – Unified Access Service Licenses (UASL) – 2G Spectrum – Illegal Allocation – Claim for Refund of Entry Fee – In the instant case, the appellant applied for grant of UASL for 21 service areas – In the meantime, the Court in Centre for Public Interest Litigation v Union Of India declared the policy of the Union for allocation of 2G spectrum as illegal holding that such policy was arbitrary in nature as it provided allocation on the basis of “First Come First Serve” and therefore opened the door of biasness – On the basis of the said judgment the appellant sought relief of refund of Entry Fee before the Telecom Disputes Settlement and Appellate Tribunal basing the plea that the allocation was in the nature of the contract and the same has become void in the light of the aforesaid judgment and hence the appellant is entitled to recourse u/ss.65, 23 &56 of Contract Act – The Tribunal dismissed the appellant’s plea on the ground that the quashing of the appellant’s license in the aforesaid judgment cannot be equated with the UASL agreement becoming void within the meaning of s.65 and also that the same has not become void u/ss.23 and 56 of the Act – The tribunal further held that since the appellant was at pari delicto hence could not claim refund of Entry Fee – On appeal, held – The appellant was in pari delicto with the Department of Telecommunication, the 2G spectrum allocation exercise of which was held illegal, arbitrary and constitutionally infirm by the court in the above referred judgment – Further since the appellant was at fault hence could not claim recourse to s. 65 of the Act – Also that the appellant was party in the above referred case and despite knowing the fact that the Court in such case was to quash the process of allocation and award of the licenses in which it did not claim refund of Entry Fee and hence could not be allowed to raise such plea in the present case.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2022 INSC 255
Petitioner	Loop Telecom And Trading Limited
Respondent	Union Of India And Anr.
SCR	[2022] 4 S.C.R. 329
Judgement Date	2022-11-03
Case Number	1447-1467

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