VidhiSangh

Supreme Court of India · 03/03/2022

LOOP TELECOM AND TRADING LIMITED versus UNION OF INDIA AND ANR.

[2022] 4 S.C.R. 329 · 2022 INSC 255

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Summary

After cancellation of its 2G licences in the CPIL judgment, Loop Telecom sought refund of its entry fee and relied on a later criminal acquittal. The Court held that the refund proceedings could not reopen the composite constitutional adjudication through TDSAT. It also rejected restitution because Loop was in pari delicto in the unlawful allocation. The acquittal concerned distinct criminal allegations and did not erase those findings. The Court declined the belated challenge to the auction set-off policy and dismissed the appeals.

Issues

  1. Whether TDSAT could entertain this refund claim following the Supreme Court’s composite constitutional adjudication.
  2. Whether restitution was available to a licensee found complicit in the unlawful allocation.
  3. Whether the subsequent criminal acquittal altered the prior findings.
  4. Whether the auction set-off policy required a refund or could be challenged in these proceedings.

Provisions considered

Held

Result

Appeals dismissed. The claim for refund of entry fee failed, and the challenge to the conditional auction set-off policy was not entertained in these proceedings. Pending applications were disposed of.

Judgment PDF: Supreme Court of India, [2022] 4 S.C.R. 329.