VidhiSangh

Supreme Court of India · 07/01/2020

UNION OF INDIA versus RELIANCE COMMUNICATION LIMITED & ANR.

[2020] 1 S.C.R. 1 · 2020 INSC 7

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court upheld TDSAT’s direction to refund Rs.104.34 crore retained after encashment of spectrum-payment bank guarantees beyond the admitted liability. Fresh guarantees had been furnished for subsequent periods, and neither alleged later defaults nor the objection to execution proceedings justified retention of the excess on these facts.

Issues

  1. Whether the Union could retain excess guarantee proceeds by invoking subsequent spectrum-payment defaults.
  2. Whether TDSAT’s refund direction in execution warranted interference.

Held

Result

Union’s appeal dismissed without costs. TDSAT’s direction to return Rs.104.34 crore remained in force.

Judgment PDF: Supreme Court of India, [2020] 1 S.C.R. 1.