VidhiSangh

Supreme Court of India · 01/09/2020

UNION OF INDIA versus ASSOCIATION OF UNIFIED TELECOM SERVICE PROVIDERS OF INDIA ETC. ETC.

[2020] 11 S.C.R. 541 · 2020 INSC 527

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Summary

The Court fixed a ten-year instalment schedule for payment of adjudicated telecom AGR dues, with an initial ten-percent payment, undertakings and continuing bank guarantees. Reassessment of the settled demand was prohibited. Spectrum sharing did not transfer a licensee’s historical AGR liability to the other operator; trading liability depended on the applicable guidelines. Questions whether spectrum rights could enter insolvency proceedings and the status of government dues were left open for NCLT to decide.

Issues

  1. Whether spectrum rights and AGR dues could be subjected to insolvency resolution.
  2. How historical AGR liability differs between spectrum sharing and trading.
  3. What payment schedule and safeguards should govern the adjudicated dues.

Provisions considered

Held

Result

Pending interlocutory applications disposed of with directions governing AGR payment, sharing and trading liabilities, and NCLT consideration of the open insolvency issues. Previous orders modified accordingly; specified contempt proceedings dropped.

Judgment PDF: Supreme Court of India, [2020] 11 S.C.R. 541.