Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Telecommunication Telecom Dispute Settlement |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Telecommunication – Telecom Dispute Settlement – Refund of the excess amount – Respondents were not able to pay the deferred spectrum charges to the tune of Rs.774.25 crores – The Union encashed bank guarantees to the tune of Rs. 908.91 crores as against the actual amount of Rs.774.25 crores due and payable by respondent licensees – Respondents approached TDSAT and sought a direction for the return of Rs.134.66 crores, i.e. the excess amount (the difference between the amount of Rs.908.91 crores against admitted dues of Rs.774.25 crores) – The TDSAT partly allowed the respondents’ application and after adjusting the charge of Rs.30.33 crores against the respondents, the remaining amount of Rs.104.34 crores was directed to be returned – The Union contended that there were subsequent defaults or short payments in respect of liability towards later periods – On appeal, held: No interference required in the order of the TDSAT – The Union nowhere disputed that the respondent licensees liability toward payment of deferred spectrum charges was to the tune of Rs.774.25 crores – The total amount realised upon encashment of the bank guarantees furnished by the respondents, however, was to the extent of Rs.908.91 crores – Further, the respondents had furnished another bank guarantee to the tune of Rs.774.25 crores – There was consequently, logic and merit in the contention of the respondents that the Union unreasonably refused to refund the excess amounts – The Union contention that there were subsequent defaults or short payments in respect of liability towards later periods was insubstantial, as bank guarantee for later periods were furnished (Rs.774.25 crores) – In the circumstances, there was no rationale for the Union to resist the demand for refund of the excess amounts – The TDSAT had exercised its discretion circumspectly, because the entire amount of Rs.134.66 crores claimed was not allowed, rather direction was issued in respect of Rs.104.34 crores – Therefore, no merit in the appeal. |
Judge | Hon'ble Mr. Justice S. Ravindra Bhat |
Neutral Citation | 2020 INSC 7 |
Petitioner | Union Of India |
Respondent | Reliance Communication Limited & Anr. |
SCR | [2020] 1 S.C.R. 1 |
Judgement Date | 2020-01-07 |
Case Number | 32 |
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