Bharti Airtel Limited vs Union Of India

The petition is admitted for hearing.  No notice need to be issued as Mr. Dhruv Tamta, Advocate has appeared on behalf of Union of India, the respondent on the basis of advance notice.

Mr. Tamta has raised a preliminary issue of jurisdiction of this Tribunal  that the matter already stands concluded by findings and directions of Hon'ble Apex Court in the Judgement dated 1.9.2020 (Annexure P17).  The stand of other side is that the said judgment must be read as a whole along with Spectrum Trading Guidelines of the respondent which have simply been explained by the Apex Court.  Prima facie the issues raised lie within the jurisdiction of this Tribunal.  However, respondent will be at liberty to raise this issue at the appropriate stage also for further consideration.

On a careful consideration of all the available facts leading to acceptance of the joint request of the petitioner and M/s. Videocon for trading of spectrum through letter dated 20.5.2016 (Annexure P12), the contents of Para 6 of the aforesaid letter as well as provisions in the spectrum trading guidelines and the judgment of the Apex Court in Annexure 17, the case of the petitioner that the dues of the seller Videocon being demanded from the buyer - petitioner were already known to the parties much before the trading of the spectrum, as liability of the seller is prima facie, found to have merit. Hence until further orders the respondent shall not give effect to the impugned notice dated 17.8.2021 and shall not invoke the Financial Bank Guarantees of the petitioner for realisation of the impugned demand.

As prayed, respondent may file their reply within four weeks.  Rejoinder, if required, may be filed within four weeks thereafter.

Post the matter before the Court of Registrar on 16.11.2021 to pass necessary orders and directions to make the petition ready for hearing.