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2020 Supreme(SC) 739

SUPREME COURT OF INDIA
ARUN MISHRA, S. ABDUL NAZEER, M.R. SHAH, JJ.
IN RE MANDAR DESHPANDE - Petitioners
SMC (C) No(s). 1/2020
WITH
Diary No(s). 2450/2020 (XVII)
(FOR MODIFICATION ON IA 11628/2020 FOR PERMISSION TO FILE
ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ON IA 18291/2020)
Diary No(s). 2458/2020 (XVII)
(FOR MODIFICATION ON IA 11657/2020)
Diary No(s). 2461/2020 (XVII)
(FOR MODIFICATION ON IA 11674/2020)
Diary No(s). 2476/2020 (XVII)
(FOR MODIFICATION ON IA 11730/2020)
Diary No(s). 2578/2020 (XVII)
(FOR MODIFICATION ON IA 12036/2020)
W.P.(C) No. 238/2020 (PIL-W)
(FOR FOR EX-PARTE STAY ON IA 17942/2020 FOR APPROPRIATE
ORDERS/DIRECTIONS ON IA 38673/2020 FOR CLARIFICATION/DIRECTION ON
IA 43664/2020 FOR CLARIFICATION/DIRECTION ON IA 45217/2020 IA No.
45217/2020 – CLARIFICATION/DIRECTION)
MA 725-796/2020 in C.A. No. 6328-6399/2015 (XVII)
(FOR FOR EXEMPTION FROM PERSONAL APPEARANCE ON IA 45607/2020 FOR
EXEMPTION FROM PERSONAL APPEARANCE ON IA 45620/2020 FOR EXEMPTION
FROM PERSONAL APPEARANCE ON IA 45629/2020)
Diary No(s). 9887/2020 (XVII)
(FOR MODIFICATION ON IA 45207/2020)
Decided On : 18-06-2020

Advocates Appeared:
Mr. Tushar Mehta, SG, Mr. Rajat Nair, Adv., Mrs. Kanu Agrawal, Adv., Ms. Swati Gildiyal, Adv., Ms. Binu Tamta, Adv., Mr. Gurmeet Singh Makker, AOR, Mr. Dhruv Tamta, Adv., Mr. Mukul Rohatgi, Sr. Adv., Mr. Mahesh Agarwal, Adv., Ms. Shally Bhasin, Adv., Mr. Victor Das, Adv., Ms. Saloni Mahajan, Adv., Mr. E.C. Agrawala, AOR, Mr. Shyam Divan, Sr. Adv., Mr. Anoop Rawat, Adv., Ms. Smarika Singh, Adv., Ms. Shreya Sircar, Adv., Mr. Chaitanaya Safaya, Adv., Mr. Saurav Panda, Adv., Mr. Rishabh Sharma, Adv., Mr. Shardul S. Shroff AOR, Dr. Abhishek Manu Singhvi, Sr. Adv., Mr. Gopal Jain, Sr. Adv., Mr. Harsh Kaushik, Adv., Ms. Vibha Dhawan, Adv., Mr. Pukhrambam Ramesh Kumar, Adv., Ms. Alvia Ahmad, Adv., Ms. Anupama Nagangom, Adv., Mr. Karun Sharma, Adv., Mr. Brijender Chahar, Sr. Adv., Mr. Anil Kumar Mishra, Adv., Mr. Sriram P., AOR, Mr. Arvind P. Datar, Sr. Adv., Mr. Ramji Srinivasan, Sr. Adv., Ms. Manali singhal, Adv., Mr. Mansoor Ali Shoket, Adv., Mr. Santosh Sachin, Adv., Mr. Deepak S. Rawat, Adv., Ms. Aanchal Kapoor, Adv., Mr. Nitin Kala Adv., Mr. Kunal Singh, Adv., Ms. Ranjeeta Rohatgi, AOR, Mr. Kapil Sibal, Sr. Adv., Mr. Manjul Bajpai, Adv., Mr. Nitin Kala, Adv., Mr. Pukhrambam Ramesh Kumar, Adv., Mr. Shashat Bajpai, Adv., Mr. Jagjeet Singh Sahani, Adv., Mr. Kunal singh, Adv., Ms. Anupama Nagangom, Adv., Mr. Karun Sharma, Adv., Ms. Shikha Sarin, Adv., Mr. Rahul Narayan AOR, Mr. Amit Dhingra Adv., Adv., Mr. Rohit Mahajan, Adv.,
For the M/s. Dua Associates, AOR, Mr. Sriram P., AOR, Mr. Swetank Shantanu, AOR
Mr. Ravi S. chauhan, Adv., Mr. Pratap Shanker, Adv., Ms. Shilpi Shrivastava, Adv.

Headnote:

Affidavit - Telecom operators - Held, Considered Affidavit filed by Department of Telecommunications - It has been pointed out by Mr. Tushar Mehta, learned Solicitor General that with respect to Public Sector Undertakings, Department has decided to withdraw demands which constitute 96% of demand and with respect to 4% other Public Sector Undertakings, final decision shall be taken before next date of hearing and placed on record - Court have requested telecom operators to file audited Balance Sheets, for the last 10 years including for Calender year ending as well as Income Tax Returns and particulars of AGR deposited during last 10 years and Court have also requested to make payments of reasonable amount also to show their bonafides, before next date of hearing – Order accordingly.

ORDER :

1. Considered the Affidavit filed by the Department of Telecommunications. It has been pointed out by Mr. Tushar Mehta, learned Solicitor General that with respect to Public Sector Undertakings, the Department has decided to withdraw the demands which constitute 96% of the demand and with respect to 4% other Public Sector Undertakings, the final decision shall be taken before the next date of hearing and placed on record.

2. We have also considered the affidavit filed by Vodafone and Idea pursuant to our order dated 11.6.2020 in M.A. D. No.9887/2020. Mr. Tushar Mehta, learned Solicitor Genera, has prayed for time to respond to the same. We have requested the telecom operators to file audited Balance Sheets, for the last 10 years including for the Calender year ending 31.3.2020 as well as the Income Tax Returns and the particulars of AGR deposited during the last 10 years and we have also requested to make payments of reasonable amount also to show their bonafides, before the next date of hearing.

3. List in third week of July, 2020.

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