ETISALAT DB TELECOM PVT LDT vs UNION OF INDIA on 18 March 2016

ORDER

**By Aftab Alam, Chairperson** – The petitioner in this case seeks refund of entry fee/licence fee paid on its behalf for licences in 15 circles that were quashed as being illegally granted to the petitioner by the Supreme Court judgement in 2G case¹.

The reliefs claimed by the petitioner are reproduced hereunder:

- (a) Refund to the Petitioner the Licence/Entry Fee of Rs.1564,46,30,000/- (Rupees one thousand five hundred and sixty four crores forty six lakhs thirty thousand only) paid by the Petitioner to the Respondent No.1 at the time of execution of the Licence Agreements in respect of 15 telecom circles; and

- (b) Pay to the Petitioner interest on Entry Fee of Rs.1564,46,30,000/- (Rupees one thousand five hundred and sixty four crores forty six lakhs thirty thousand only) paid by the Petitioner to the Respondent No.1 at the time of execution of the Licence Agreements in respect of 15 telecom circles at the rate of 18% p.a. from the date of disbursement of the said amounts by the Petitioner to the Respondent No.1 aggregating to Rs.1963,62,90,000/- upto 31^st December 2014 along with further interest @18% per annum from 1^st January 2015 till the date of actual payment; and

- (c) Pay to the Petitioner Rs.268,01,00,000/- (Rupees Two Hundred Sixty Eight Crore One Lakh only) by way of damages for loss of interest at 18% on the Margin Money deposited/maintained by the Petitioner Company with its banks for issuance of Bank Guarantees in favour of the Respondent No.1 for the period from January 2008 till 31^st December 2014 along with further interest thereon @ 18% per annum from 1^st January 2015 till the date of actual payment; and

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¹ (2012) 3 SCC 1

(d) Pay to the Petitioner a sum of Rs.Rs.5173,08,30,000/- (Rupees Five thousand one hundred seventy three crore eight lakh thirty thousand only) by way of damages for loss of the capital and revenue expenditure incurred by the Petitioner towards commencement and operation of its telecom business and (e) Payment to the Petitioner Rs.4651,82,50,000/- (Rupees Four Thousand Six Hundred Fifty One Crores Eighty Two Lakhs only) by way of damages for loss of interest at the rate of 18% on the capital and revenue expenditure incurred by the Petitioner towards commencement and operation of its telecom business along with further interest thereon @ 18% per annum from 1^st January 2015 till the date of actual payment;"

The reliefs claimed and the facts and circumstances in which those are claimed by the petitioner, are fully covered by the Tribunal's decision in the case of Loop Telecom².

This petition too is accordingly dismissed for the same reasons and in the same terms as the case of Loop Telecom.


*(Signature of Aftab Alam)*

✓ (Aftab Alam) Chairperson

*(Signature of Kuldip Singh)*

..... (Kuldip Singh) Member

*(Signature of B.B. Srivastava)*

..... (B.B. Srivastava) Member

sk

² TDSAT's judgement and order dated 16.09.2015 in Loop Telecom Ltd. Vs. Union of India & Anr.