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2020 Supreme(SC) 743

ARUN MISHRA, S.ABDUL NAZEER, M.R.SHAH
IN RE MANDAR DESHPANDE (FOR ADMISSION) – Appellant
Versus
. – Respondent


Advocates Appeared:
Mr. Tushar Mehta, SG, Mr. Rajat Nair,Adv., Mr. Kanu Agrawal,Adv., Ms. Swati Ghildiyal,Adv., Ms. Binu Tamta,Adv., Mr. Gurmeet Singh Makker AOR, Mr. Dhruv Tamta,Adv., Mr. Mukul Rohatgi, Sr. Advocate, Mr. Mahesh Agarwal Adv., Ms. Shally Bhasin, Advocate, Mr. Victor Das, Adv., Ms. Saloni Mahajan,Adv., For 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, Senior Advocate, Mr. Gopal Jain, Senior Advocate, Mr. Harsh Kaushik, Advocate On Record, Mr. Vijendra Pratap Singh, Advocate, Ms. Nikita Chitale, Advocate, 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, AOR, Mr. Swetank Shantanu (AOR), Mr. Pratap Shanker,Adv., Mr. Ravi S.S Chauhan,Adv., Mr. Rajeev Pandey,Adv., Mr. Ankit Kumar,Adv., Ms. Shikha Sarin,Adv., Mr. Rahul Narayan, AOR, Mr. Amit Dhingra, Advocate, Mr. Rohit Mahajan, Advocate, For M/s. Dua Associates, AOR

ORDER :

1. We have heard learned counsel for the parties at length.

2. An additional affidavit has been furnished today on behalf of Ms. Vandana Gupta, Deputy Director General (LFP), Department of Telecom, Govt. of India, New Delhi, which is taken on record.

3. We have posed a query to Mr. Tushar Mehta, learned Solicitor General of India, how the demand was raised on the basis of our judgment with respect to Public Sector Undertakings when the licences were different and the judgment never dealt with the issue of Public Sector Undertakings and their agreements are quite different.

4. The affidavit filed on behalf of Department of Telecom also indicates that there are different kinds of licences. Paragraphs 5 and 6 of the affidavit on behalf of Union of India are relevant, which are extracted below:-

    “5. That the AGR dispute was initiated by the licensees who were granted a ‘migration package’ in July/August, 1999, allowing them to migrate from a fixed LF regime to a revenue sharing regime. The relevant clauses of the Universal Access Service Licence (UASL) defining Gross Revenue and Adjusted Gross Revenue are:

    “19.1 Gross Revenue:

    The Gross Revenue shall be inclusive of installation charg

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