3G: Centre restrained from taking steps against Vodafone, Idea

April 12, 2013

3G_Centre_restrained

New Delhi, Apr 12: In a breather for Vodafone and Idea Cellular, the Delhi High Court today restrained the Centre from taking any "coercive steps" against the telecom majors which have been asked to pay penalty of Rs 550 crore and Rs 300 crore respectively for providing 3G services outside their circles without requisite licences.

Justice Rajiv Shakdher, referring to a Supreme Court order on a plea of Bharti Cellular Ltd in a similar case, asked the Department of Telecommunications (DoT) not to take any coercive steps in pursuance of its notices issued to the telecom companies asking them to stop providing 3G services to mobile users in the circles for which they lacked licences.

"Meanwhile, the petitioners (Vodafone and Idea Cellular) are directed not to add new customers for providing 3G services," Justice Shakdher said and issued a notice to the DoT to file its reply to two separate petitions of the telecom service providers.

Senior advocates A M Singhvi and Maninder Singh, appearing for Idea Cellular and

Vodafone respectively, sought the stay on the operation of DoT notices asking the telecom majors to pay the penalty and stop providing 3G services outside their licence areas by entering into intra-circle roaming pact with other telecom firms.

Distinguishing between the case of Bharti Cellular Ltd and that of Idea and Vodafone, Singhvi said, "In our case, no committee was constituted to hear us and not only the order of the division bench but the principle of natural justice was violated. Our case is different from that of Bharti Cellular Ltd."

Meanwhile, the court allowed the plea of another senior lawyer Mukul Rohatgi that Reliance Communication Ltd be impleaded as a party to the petitions filed by Vodafone and Idea Cellular.

Earlier, the Supreme Court had directed the Centre not to take any coercive steps against Bharti Cellular Ltd. The apex court had asked the telecom company not to extend its roaming services to new customers in seven circles where it does not have licences for 3G spectrum.

Bharti Cellular Ltd (BCL) had moved the apex court after the division bench of the High Court vacated its stay on the operation of a DoT notice against BCL for providing 3G services outside its licenced circles.

Subsequent to the high court order, the DoT issued similar notices against Vodafone and Idea Cellular. Aggrieved by the notices, the two telecom firms moved the High Court and simultaneously sought intervention in the apex court in the hearing of the BCL plea against the DoT notice.

The DoT had issued notices to Vodafone and Idea Cellular asking them to pay penalties of Rs 550 crore (11 circles) and Rs 300 crore (six circles) respectively for providing 3G services to customers outside their circles where they did not get the requisite licences in the spectrum auction held in 2010.

The DoT notices asking them to stop 3G mobile phone services in circles where they did not win spectrum in the 2010 auction of the radio waves were issued days after the Delhi High Court set aside a stay on a similar notice served on BCL.

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Agencies
July 21,2020

New Delhi, Jul 21: The Supreme Court has asked the Ministry of Finance to look into a plea which claimed a loss of hundreds of crore every day, as the public sector banks are not invoking personal guarantees of big corporates who have defaulted on loans.

A bench comprising Justice R. F. Nariman and Navin Sinha asked the petitioners, Saurabh Jain and Rahul Sharma, who filed the PIL, to move the Finance Ministry with a representation within two weeks. The top court observed that the issue is important and the ministry should respond after the petitioner has made the representation before it. The matter had come up for hearing on Monday.

"We are of the view that at page 115 of the Writ Petition it has been made clear that the Ministry of Finance itself has, by a Circular, directed personal guarantees issued by promoters/managerial personnel to be invoked. According to the petitioners, despite this Circular, Public Sector Undertakings continue not to invoke such guarantees resulting in huge loss not only to the public exchequer but also to the common man", said the bench in its order.

Senior advocate Manan Mishra and advocate Durga Dutt, represented the petitioners.

Mishra contended before the bench that the statistics establish the public sector banks incurred a loss of approximately Rs 1.85 lakh crore in a financial year, and the banks did not take action to invoke personal guarantees of the biggest corporate defaulters.

The bench observed that since the petitioners claim the public sector undertakings are not complying with this circular, "We think you should first go to the ministry," said the bench.

Mishra argued before the bench that the loans from a common man are recovered through a mechanism where officials go through even the minutest detail, but promoters, chairpersons and other senior level functionaries of the big corporates find it convenient to get away by defaulting on loans.

The bench told the petitioner's counsel that the Finance Ministry has already issued a notification on this matter, and the petitioners should seek response from the ministry, and then move the top court. Mishra submitted before the bench to issue a direction to the Finance Ministry to give a response on their representation.

The bench said, "We allow the petitioners, at this stage, to withdraw this Writ Petition and approach the Ministry of Finance with a representation in this behalf. The representation will be made within a period of two weeks from today. The Ministry of Finance is directed to reply to the said representation within a period of four weeks after receiving such representation. With these observations, the petition is allowed to be withdrawn to do the needful."

Mishra contended before the bench seeking liberty to come back after a reply from the Finance Ministry. Justice Nariman said this option is open for petitioners after a decision has been taken by the ministry. "We will hear you", added Justice Nariman.

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Agencies
February 11,2020

New Delhi, Feb 11 Congress's performance touched a record low in the Delhi Assembly election as the party bagged less than 5 per cent of the total votes polled and 63 of its candidates lost their deposits.

The party, which ruled Delhi for 15 years on the trot under former Chief Minister Sheila Dikshit, failed to open its account for the second consecutive assembly election in Delhi.

Only three of its candidates Arvinder Singh Lovely from Gandhi Nagar, Devender Yadav from Badli and Abhishek Dutt from Kasturba Nagar managed to save their deposits.

Security deposit of a candidate is forfeited if he/she fails to secure one-sixth of the total valid votes cast in a constituency.

Most of Congress candidates got less than 5 per cent of the total votes polled in their respective constituencies.

Delhi Congress chief Shubhash Chopra's daughter Shivani Chopra, who was the party candidate from Kalkaji, also could not save her deposit.

Former Delhi Assembly Speaker Yoganand Shastri's daughter Priyanka Singh also forfeited her deposit.

The party's campaign committee chairman Kirti Azad's wife, Poonam Azad, lost badly and stood fourth, polling only 2,604 (2.23) votes.

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News Network
January 31,2020

New Delhi, Jan 31: Chief Economic Adviser K V Subramanian on Friday said India's GDP is expected to grow at 6-6.5 per cent next fiscal as the economic slowdown has bottomed out.

As per the first advance estimates released by the National Statistical Organisation (NSO), the country's economic growth is likely to hit an 11-year low of 5 per cent in the current fiscal ending March 2020.

The Economic Survey 2019-20, prepared by a team lead by Subramanian, has projected the GDP to expand in the range of 6-6.5 per cent during 2020-21.

The Indian economy has hit the bottom and it will see an uptick from here, he said in a media briefing post the Economic Survey.

Amidst a weak environment for global manufacturing, trade and demand, the Indian economy slowed down with GDP growth moderating to 4.8 per cent in the first half of 2019-20, lower than 6.2 per cent in H2 of 2018-19.

Based on NSO's first advance estimates of GDP growth for 2019-20 at 5 per cent, an uptick in GDP growth is expected in the second half of the fiscal, it said.

According to it, the uptick in second half of 2019-20 would be mainly due to ten positive factors like picking up of Nifty India Consumption Index for the first time this year, an upbeat secondary market, higher FDI flows, build-up of demand pressure, positive outlook for rural consumption, rebound of industrial activity, steady improvement in manufacturing, growth in merchandise exports, higher build-up of foreign exchange reserves and positive growth rate of GST revenue collection.

The survey also emphasised that merger of public sector banks may increase the financial strength of the merged entities, lower the risk aversion and result in lowering of lending rates.

Further, as the implementation of GST further settles down, the increased unification of the domestic market may reduce business costs and facilitate fresh investment.

Reforms in land and labour market may further reduce business costs, said the survey, presented a day before Sitharaman's Union Budget 2020-21.

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