Thursday, August 20, 2020

AGR case: Supreme Court fears bankruptcy proceedings may consume dues

 

Justice Mishra observed under the IBC spectrum trading was different from spectrum sale.


The Supreme Court on Thursday expressed concern over adjusted gross revenue (AGR) dues melting away in bankruptcy proceedings.
“We are worried that alm­ost the entire AGR dues will be extinguished in the IBC (Inso­lvency and Bankruptcy Code) proceedings. After sale (of spec­trum), new users will exti­n­guish pending (demands for dues),” Justice Arun Mishra said. He said in case the dues were not paid, the spectrum must be surrendered.

Justice Mishra observed under the IBC spectrum trading was different from spectrum sale.

“Without paying for the horse, telcos are taking a ride. We want to know from the Department of Telecom­munications (DoT) all details of spectrum allocated since 1999 to RCom (Reliance Communications) and Aircel and the details of spectrum sharing,” he said.

A Bench comprising judges Arun Mishra, S Abdul Nazeer, and M R Shah heard the matter. Senior Counsel Neeraj Kishan Kaul, appearing for the Videocon Telecom resolution professional, told the court its AGR dues were valued at Rs 1,512 crore (by the DoT). As of now, the business is nil and the resolution process is on.

The Union government has filed an appeal with the National Company Law Tribunal that the resolution plans of Reliance Comm­unications and Aircel should not be approved until the spectrum-related dues are cleared.

Counsel for bankrupt firm Aircel said the company had filed an affidavit, which stated that since 2016, there had been eight spectrum-trading agreements between Aircel and Airtel and all had the approval of the DoT.

Hearing on this is on since last week and several rounds of arguments have taken place. However, the apex court is yet to give its verdict on allowing the telecom companies to make staggered payments of AGR dues.

 

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