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Top Court Asks Not To Invoke Airtel Bank Guarantees For Videocon AGR Dues

The top cloister on July 23 had absolved the applications filed by telecom majors

The Supreme Cloister Tuesday directed DoT not to adjure the coffer guarantees (BGs) of Bharti Airtel for three weeks for convalescent Rs 1,376 crore in AGR-related ante of Videocon Telecom Ltd (VTL) which had awash its spectrum to the Bharti group. The top court, which banned to absorb Airtel's appeal that VTL ante are not payable by it, acceptable the telecom above to access the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) with the grievances.

"The DoT shall not adjure the coffer agreement of Respondent...(Bharti Airtel) for the aeon of three weeks from today," a bank absolute justices L Nageswara Rao, S Abdul Nazeer and M R Shah said in its order.

At the outset, the bank fabricated bright to chief apostle Shyam Divan, actualization for Airtel, that it will not baffle with the beforehand judgement. "We are authoritative it actual bright that we will not baffle with the judgement and we will accord you the alternative to abjure to access the adapted forum," the bank said.

It additionally acclaimed the submissions of Solicitor General Tushar Mehta, actualization for the Department of Telecom, that DoT will be acceptable to accession all the area including the argument to the jurisdiction, if any, afore the appointment to be called Airtel.

Airtel said a DoT advice of August 17 has directed it to pay AGR accompanying ante of VTL aural a week, declining which the BGs. Divan referred to assorted abstracts including the spectrum trading guidelines and said that the ante -- arising from the Adjusted Gross Revenue or AGR of VTL, the agent of the spectrum -- were accepted at the time of the auction and appropriately the agent and not the client can be attached with the accountability to pay.

"All the assorted applications are dismissed," the bank headed by Justice L Nageswara Rao said while pronouncing the order. The telecom companies had submitted afore the top cloister that arithmetical errors in the adding be rectified and there are cases of duplication of entries.

VTL had awash its spectrum to Bharti Airtel in aftereffect of agreements entered into them in 2016. The Bharti accumulation has already paid Rs 18,004 crore in AGR-related ante to DoT by March 31, 2021 which is abundant added than 10 per cent of its absolute AGR ante of over Rs 43,000 crore, he said.

In its September aftermost year order, the top court had said that telecom operators shall accomplish the acquittal of 10 per cent of the absolute ante as accepted by the DoT by March 31, 2021 and the blow be paid in annual instalments from April 1, 2021 to March 31, 2031.

Divan argued that Airtel should not be proceeded adjoin after actuality accepted a reasonable befalling to accession the grievances afore an adapted forum. The bank again appropriate the DoT saying: "We will admittance him to abjure and go afore the TDSAT and authority your duke for two-three weeks."

The top cloister on July 23 had absolved the applications filed by telecom majors, including Vodafone Idea and Bharti Airtel, gluttonous alteration of the declared errors in adding of AGR accompanying ante payable by them.

"All the assorted applications are dismissed," the bank headed by Justice L Nageswara Rao said while pronouncing the order. The telecom companies had submitted afore the top cloister that arithmetical errors in the adding be rectified and there are cases of duplication of entries.

The top cloister in September aftermost year had accustomed a time aeon of 10 years to telecom account providers disturbing to pay Rs 93,520 crore of AGR accompanying ante to bright their outstanding bulk to the government.

The top court, which had captivated that appeal aloft by the DoT in account of AGR ante will be final, had said there shall be no altercation aloft by the telcos and there shall not be any re-assessment. The top court had in October 2019 delivered its adjudication on the AGR issue.

The DoT in March aftermost year had confused a appeal in the top cloister gluttonous permission for acceptance staggered acquittal of the ante by telcos over a aeon of 20 years.

(This adventure has not been edited by NDTV agents and is auto-generated from a amalgamated feed.)

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