Thread by @barandbench

[AGR dues]

Supreme Court Bench headed by Justice Arun Mishra to begin hearing the matter on AGR dues to be paid by telecom companies shortly.

#SupremeCourt
@VodafoneIN @airtelindia

In the previous hearing, the Supreme Court had sought to know from Solicitor General Tushar Mehta if the spectrum can be sold by companies undergoing IBC proceedings.

Read that story here (barandbench.com/news/litigatio…) #Agr #agrdues

The Bench of Justices Arun Mishra, S Abdul Nazeer and MR Shah assemble. #Agr #agrdues

Senior Advocates Harish Salve and Ranjit Kumar registering their appearance for SBI (applicant in the case).

Senior Counsel Shyam Divan for RCom addressing the Court first.

@TheOfficialSBI @RCommCare

Shyam Divan is taking the Court through the process of initiation of CIRP proceedings against R Com @RCommCare

Justice Mishra asks:

1. Who is using R Com's spectrum?
2. If it is unused, since when?

Divan seems to obtain instructions on the same and will respond to the questions shortly.

@RCommCare

Divan responds:

- A part of my spectrum is lying with me (R Com) for a while.

- A part of the Spectrum (800 MHz) is being used by Reliance Jio in a sharing arrangement entered into in 2016

@RCommCare @reliancejio

Divan says that the DoT has been informed about the spectrum sharing arrangement.

@RCommCare @reliancejio @DoT_India

SC asks if Reliance Jio can be asked to pay AGR dues on behalf of R Com since AGR dues emanate from spectrum use.

"Company using spectrum benefits", Justice Mishra

@RCommCare @reliancejio @DoT_India

SC asks which persons have bid for R Com under IBC proceedings

@RCommCare @reliancejio @DoT_India

Justice Mishra: Why jio should not pay dues when it is using the spectrum for last three years.

@RCommCare @reliancejio @DoT_India

Senior Counsel KV Vishwanathan appearing for Jio tells the Court that Jio has paid it's AGR dues but on this question, he will need time to take instructions.

@RCommCare @reliancejio @DoT_India

KV Vishwanathan seeks to explain the details concerning spectrum usage guidelines and spectrum sharing guidelines.

Justice Mishra: How can Jio escape liability when you are using Spectrum and sharing revenue?

@RCommCare @reliancejio @DoT_India #AgrDues

Justice Mishra (to Salve): When sovereign rights are transferred to someone then can secured creditors take precedence?

The public has a right over it...

Salve: What the Court is saying is that the payment for national resources should be on a different footing?
Supreme Court : Yes

Supreme Court directs for the spectrum sharing agreement between Rcom and Jio to be placed on record.

Court also asks for details regarding the spectrum use of other telecom companies which is in IBC.

@RCommCare @reliancejio

SC: Let DoT also file the requisite documents in this regard. List on Monday at 3PM

@RCommCare @reliancejio

Supreme Court hears case concerning payment of AGR Dues by Telcos: LIVE UPDATES

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