Declining Dissent in the Indian Supreme Court - JURIST ...



That AGR case was listed for hearing on 18-6-2020. As per the previous order dated the Hon’ble Court had directed the ASG Tushar Mehta to file an affidavit claiming and indicating how the amounts imposed on the PSU ‘s who were not Commercial Telecom operators was going to be waived. The total amount was coming upto around 4 lack crores. The court had also asked the private Telecom companies to submit a combined affidavit indicating the manner in which they would comply with the order of the Supreme Court and pay up the amounts individually being claimed by the Department of Telecom.


In the proceedings held on 18-6-2020 Mr. Tushar Mehta apprised the bench that the Department of telecom had already filed an affidavit before the court as per which 96% of the earlier claims against the PSU’s had been withdrawn while for the remaining 4% of the claim the Department will be inform the court of its decision by the next date

It has been pointed out by Mr. Tushar Mehta, learned Solicitor General that with respect to Public Sector Undertakings, the Department has decided to withdraw the demands which constitute 96% of the demand and with respect to 4% other Public Sector Undertakings, the final decision shall be taken before the next date of hearing and placed on record”


agr dues: Telecom companies move Supreme Court, seek review on AGR ...


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The private commercial Telecom companies namely Idea and Vodafone had also filed a combined affidavit suggesting their plans of how they will comply with the order of the supreme court. It may be recollected that the earlier application filed by the private commercial operators like Idea and Vodafone seeking a review of the order of the of both the Supreme Court as well as the impugned order of the DOT was dismissed by the Court. As result of which the companies were now required to pay the amounts due towards the claims of the of the Department of Telecom. In tune of which the Court had asked the companies to submit a combined affidavit of their proposed payment plan.

Those affidavits were taken on record and Mr. Tushar Mehta, Solicitor General of India appearing for the Department of Telecom sought time to file a reply to the said affidavit.

We have also considered the affidavit filed by Vodafone and Idea pursuant to our order dated 11.6.2020 in M.A. D. No.9887/2020. Mr. Tushar Mehta, learned Solicitor Genera, has prayed for time to respond to the same.

The court following the practice from the earlier orders was in no desire to let the companies go off the hook and has in the order also directed the companies to file reasonable amount of that they are liable to pay to the extent as would satisfy the court that they were serious and would comply with the order before the next date of hearing. Further the courts leaving no stone un-turned have also asked the companies to submit their audited books of accounts for the last 10 years including the current financial year 2019-20, , Income Tax Returns as well as all the details pertaining to the payments made towards the clearing the dues of AGR.

“We have requested the telecom operators to file audited Balance Sheets, for the last 10 years including for the Calender year ending 31.3.2020 as well as the Income Tax Returns and the particulars of AGR deposited during the last 10 years and we have also requested to make payments of reasonable amount also to show their bonafides, before the next date of
hearing. “

The court has directed that the matter be listed for hearing in the 3rd week of July.

See the order