The Supreme Court has allowed Aircel's plea to direct the National Company Law Appellate Tribunal to consider the questions framed by the Court in the 1st September judgment in AGR case.
In its judgment, the Supreme Court had directed the NCLT to consider questions like: Whether TSPs can be said to be the owner based on the right to use the spectrum under licence granted to them? Whether the spectrum is a natural resource, the Government is holding the same as cestui que trust? Whether spectrum licence subjected to proceedings under the Code, and it overrides the provisions contained in the Indian Telegraph Act, 1885, Indian Wireless Telegraphy Act, 1933, and Telecom Regulatory Authority of India Act, 1997.? Whether a licence can be transferred under the insolvency proceedings? etc.
In an application filed before the Apex Court, the Aircel submitted that the Resolution Proceedings in its case has been approved by the NCLT under Section 31 of the Insolvency and Bankruptcy Code, 2016 and that an appeal has already been filed against the Approval Order of the NCLT by the Department of Telecommunications (DoT) before the National Company Law Appellate Tribunal (NCLAT). Therefore, the proceedings in the case of the applicants pertaining to the Approval Order are at large and pending consideration before the NCLAT and not the NCLT, Sr. Advocate Ranjit Kumar submitted.
Taking note of this, the bench comprising Justices S. Abdul Nazeer and BR Gavai directed:
"In view of above, we direct the NCLAT to first consider the various questions framed in paragraphs '18' to '22' of the Judgment, mentioned above, and pass a reasoned order in accordance with paragraph '23' thereof."
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