Vodafone Idea (VI) submits a curative petition to the Supreme Court challenging the dismissal of telecom companies’ pleas for AGR dues correction. The case involves substantial penalties and interest, with VI citing the threat to its survival.
VI Challenges AGR Dues Calculation
Vodafone Idea (VI) has lodged a curative petition with the Supreme Court, contesting a previous judgment that rejected telecom companies’ requests for corrections in the calculation of Adjusted Gross Revenue (AGR) dues. This move comes after allegations of arithmetical errors in the AGR dues calculation.
Legal Proceedings and Previous Rulings
In 2019, the Supreme Court’s judgment mandated that telcos pay AGR dues based on their total revenue, not just telecom-related income. This decision led to substantial liabilities, including VI’s ₹58,254 crore and Bharti Airtel’s ₹43,980 crore. However, telecom firms argued that the Department of Telecom (DoT) had made calculation errors in determining AGR dues, requesting corrections.
VI’s Curative Petition
VI’s curative petition, filed in September 2023, contends that the penalties and interest on penalties, imposed by the 2019 judgment, jeopardize the company’s existence. VI acknowledges its financial challenges but disputes the judgment’s refusal to allow the rectification of clerical and arithmetical errors. The company asserts that the penalties and interest are more substantial than the principal amount itself.
Check Out: Anupama 9th October 2023 Episode Update: Anuj Faces Accusations
VI’s petition seeks the Supreme Court’s reconsideration on two main grounds:
Calculation Errors: The petition argues that the judgment prevents rectification of arithmetical errors in the DoT’s demands, compelling payments even when errors exist.
Interest on Penalty: VI contests the imposition of interest on the penalty, claiming that it assumes a lack of bona fide intention in challenging the AGR definition. VI insists that the challenges were genuine and exercised within its legal rights.
Telecom Industry’s Ongoing Battle
The telecom sector has grappled with the AGR dispute for years, resulting in significant financial burdens on telecom companies. The 2020 Supreme Court decision granted telcos a ten-year period to settle their AGR dues, with a 10% annual payment requirement. Despite these developments, the legal wrangling continues, with VI’s curative petition being the latest chapter in the saga.
Vodafone Idea files curative plea against SC verdict which dismissed telcos' plea for recalculation of AGR dues
— ANI Digital (@ani_digital) October 9, 2023
Read @ANI Story | https://t.co/WxdEPdB2QQ#vodafoneidea #SupremeCourt pic.twitter.com/A30ECFwanB
What is a Curative Petition?
A curative petition is a legal recourse taken after the Supreme Court dismisses a plea for judgment review. It allows parties to challenge specific aspects of a judgment that they believe would lead to a miscarriage of justice if uncorrected. VI’s curative petition, although not heard in open court, seeks to address perceived defects in the previous judgment.
Check Out: Festive Season Tips: Here’s how to stay fit
The telecom industry’s ongoing battle over AGR dues showcases the complex legal challenges. VI’s curative petition now awaits consideration. Thus, it offers a potential avenue for resolution in this protracted legal saga.
