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New Delhi, Jun 18: Vodafone Idea on Thursday told the Supreme Court that it has incurred Rs 1 lakh crore losses as it insisted it is not in a position to furnish bank guarantees.

A bench comprising Justices Arun Mishra, S. Abdul Nazeer, and M.R. Shah, taking up the adjusted gross revenue (AGR) matter through video conferencing, directed the telecom companies to submit their financial documents and books for the last 10 years.

Asking Vodafone if it was a foreign company, the bench said that how can the company say it would not furnish any bank guarantee.

"What if you fly away overnight in future without paying anything?" it asked.

Senior advocate Mukul Rohatgi, representing Vodafone Idea, denied his client is a completely foreign firm and cited before the bench its tie-ups and investments.

Vodafone owes over Rs 58,000 crore as AGR dues and so far, has paid close to Rs 7,000 crore.

Rohatgi contended before the court that the telecom company is in a tough situation, and cannot furnish any fresh bank guarantee, as profits have eluded the company in past many quarters. He submitted before the bench that Rs 15,000 crore bank guarantees are lying with the government, and his client's losses are over Rs 1 lakh crore.

"I cannot offer any more surety," he informed the bench.

Justice Mishra noted that this is public money and these dues should be recovered. "Do not tell us that you will pay if you were to make profits... the money must come," he noted.

Justice Shah observed that the telecom industry is the only industry which earned during the Covid-19 pandemic. "After all, this money will be used for public welfare", he said.

Rohatgi argued that his client would have to fold up if orders were issued to clear dues tomorrow. "11,000 employees will have to go without notice, as we cannot pay them," he added.

Senior advocate Abhishek Manu Singhvi, appearing for Bharti Airtel, contended before the court that out of Rs 21,000 crore AGR dues, the company has already deposited a sum of Rs 18,000 crore.

He argued that his client has given a bank guarantee, in excess of demand, to DoT, and supported the proposal for phased repayment of remaining AGR dues. He insisted that the company needs to sit down with the government and calculate the dues. Airtel owes Rs 25,976 crore after paying Rs 18,000 crore, as per the government.

Senior advocate Arvind Datar, representing Tata Telecom, informed the bench that his client has paid Rs 6,504 crore in AGR dues so far, and furnishing a bank guarantee may adversely impact investments in the sector.

The total AGR dues are close to Rs 1.5 lakh crore.

The top court will now take up the matter in the third week of July.

Sydney, Jan 6: Nathan Lyon captured five for 50 and 10 match wickets as Australia crushed New Zealand by 279 runs on Monday, capping a golden domestic summer as they swept the three-Test series.

The off-spinner led the powerful Australian bowling attack to dismiss the Kiwis for 136 and seal another heavy win over the Black Caps after similar victories in Perth and Melbourne.

Australia have been unbeatable this season, winning all five Tests at home -- two against Pakistan and three against New Zealand -- after retaining the Ashes by drawing the series 2-2 in England.

"It's been a great summer for the Australian Test side," Lyon said.

"It's pretty special to be part of it, we have been impressive, pretty clinical, the batters have done well and given us bowlers plenty of time."

Australia declared their second innings at 217 for two with David Warner scoring an unbeaten century, leaving the Black Caps with a revised 416-run target in the fourth innings on a wearing Sydney Cricket Ground pitch.

But the Kiwis buckled under the pressure of Australia's superior bowling attack with Mitchell Starc taking three for 25 to support the wiles of spinner Lyon.

"They were clinical in all areas and after the first match they put us under pressure session after session," said skipper Kane Williamson, who missed the Test with a virus.

New Zealand were reeling early at 27-4 and never recovered after Starc and Lyon took two wickets each in the middle session to put the skids under the tourists.

Starc removed both openers, Tom Latham and Tom Blundell, in the first five overs. Blundell fell to a stunning catch by a diving Lyon at point for two and stand-in skipper Latham lost a review for leg before wicket.

Jeet Raval was out in a review to the faintest of edges on 'Snicko' in Lyon's first over for 12.

First-innings top-scorer Glenn Phillips went for a duck after technology detected a faint outside edge to wicketkeeper Paine off Lyon.

Taylor's Kiwi record

Ross Taylor became the leading all-time Kiwi batsman, going past Stephen Fleming (7,172) before he was bowled by Pat Cummins for 22 to take his Test aggregate to 7,174.

Big-hitting Colin de Grandhomme smacked Lyon for six to bring up his fifty but went next ball hoicking to Joe Burns at deep mid-wicket for 52.

Todd Astle was out to a superb diving catch by James Pattinson in the outfield for 17.

Starc yorked William Somerville's middle stump for seven and BJ Watling was the last to fall, caught at backward square leg by Pat Cummins for 19.

Earlier, Warner completed his 24th Test century and remained unbeaten when skipper Paine declared upon the dismissal of Marnus Labuschagne.

"You know you're capable of doing so," Warner said, when asked about how he had bounced back from his disastrous Ashes campaign in England last year.

"I was in the nets hitting the ball well and had the skipper backing me. To be able to play with freedom helped me. It's all paying off."

Labuschagne, who was dropped on four in a regulation caught-and-bowled chance by leg-spinner Astle, was caught at long on off Matt Henry for 59 -- his seventh score over 50 in eight innings this domestic summer.

Labuschagne finished the home five-Test season with a stunning aggregate of 896 runs, made up of his 215 in the first innings, three other centuries and three half-centuries in eight innings.

There was drama late in the Australian innings when Warner was given an official warning by umpire Aleem Dar for running down the middle of the pitch in scampering a single.

It resulted in five penalty runs being added to New Zealand's first innings total meaning their target was revised down from 421 to 416.

The Test was played against the backdrop of one of Australia's most devastating bushfire seasons with at least 24 people losing their lives in blazes raging across the country, including on the outskirts of Sydney.

New Delhi, Jan 29: The Supreme Court on Wednesday dismissed the plea by Mukesh Kumar Singh, one of the four death row convicts in the Nirbhaya gang rape and murder case, challenging the rejection of his mercy petition by the President.

A three-judge bench headed by Justice R Banumathi said that expeditious disposal of mercy plea by the President doesn't mean non-application of mind by him.

The court also said that alleged sufferings in prison can't be grounds to challenge the rejection of mercy petition.

The bench said all relevant material including judgments pronounced by trial court, high court and Supreme Court were placed before the President when he was considering the mercy plea of the convict.

The bench also comprising justices Ashok Bhushan and A S Bopanna rejected the contentions of the counsel appearing for Singh that entire materials of the case were not placed before the President when he was considering his mercy plea.

The bench, while referring to two files placed before it by the Centre on Tuesday, said that as per the January 15 covering letter which was sent by the Delhi government to the Ministry of Home Affairs, all relevant documents were sent.

The bench noted that detailed judgements of trial court, high court and the Supreme Court, curative petition filed by Singh, his past criminal history and his family background were sent to the Home Ministry by the Delhi government.

"All the documents were taken into consideration by the President while rejecting the mercy petition," the bench said.

The bench also dealt with submissions advanced by the convict's counsel, who had argued that the mercy plea was rejected at "lightning speed".

The bench said that if a mercy petition is expeditiously dealt with, it cannot be assumed that it has been adjudicated upon in a pre-conceived mind.