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2026 Supreme(Online)(NCLT) 2263

NATIONAL COMPANY LAW TRIBUNAL
sai kripa real estate pvt ltd VS
MA(IBC) - 4013/2019



[Under Section 60(5) of the Insolvency and Bankruptcy Code, 2016 r/w Rule 11 of the National Company Law Tribunal Rules, 2016]

TELECOM REGULATORY AUTHORITY OF INDIA Mahanagar Doorsanchar Bhawan, Jawaharlal Nehru Marg, New Delhi-110002 ….Applicant V/s MR. VIJAYKUMAR V. IYER RESOLUTION PROFESSIONAL OF DISHNET WIRELESS LIMITED Deloitte Touche Tohmatsu India LLP Indiabulls Finance Centre, Tower 3, 27th Floor Senapati Bapat Marg, Elphinstone Road (West)

Mumbai-400013, Maharashtra. ….Respondent IN THE MATTER OF:

DISHNET WIRELESS LIMITED …Corporate Applicant Ordered on: 10.03.2026 CORAM:

HON’BLE SHRI ASHISH KALIA, MEMBER (JUDICIAL)

HON’BLE SHRI SANJIV DUTT, MEMBER (TECHNICAL)

Appearances: Hybrid Applicant: Sr. Adv. Chetan Kapadia i/b. Dhir & Dhir Associates Monitoring Committee of Aircel & Dishnet: Kriti Kalyani i/b Shardul Amarchand Mangaldas & co.

ORDER

[PER: SANJIV DUTT, MEMBER (TECHNICAL)]

1. BACKGROUND

1.1 This MA No. 4013/MB/2019 (hereinafter referred to as “the Application”) has been filed on 10.12.2019 by Telecom Regulatory Authority of India (hereinafter referred to as “the Applicant/TRAI”) through Mr. Syed Tausif Abbas, Advisor (NSL-II) of the Applicant, under Section 60(5) of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as “the Code”) read with Rule 11 of the National Company Law Tribunal Rules, 2016, seeking direction against the Resolution Professional (hereinafter referred to as “the RP/Respondent”) for ascertaining the unspent balance and security deposit payable to the telecom subscribers of Dishnet Wireless Limited (hereinafter referred to as “the Corporate Debtor”) and make provisions for the same in the Corporate Debtor’s Resolution Plan.

1.2 The Applicant also prays that additionally; the Respondent be directed to admit the Applicant’s claim of Rs. 2,53,50,000/- (Two Crore Fifty-Three Lakh Fifty Thousand Rupees) as statutory dues payable by the Corporate Debtor.

1.3 It is submitted that the Applicant is a statutorily constituted body established under Section 3(1) of the Telecom Regulatory Authority of India Act, 1997 (hereinafter referred to as “TRAI Act”) while the Corporate Debtor is a company engaged in the telecom sector as well as a wholly owned subsidiary of Aircel Limited. The Corporate Debtor was admitted into Corporate Insolvency Resolution Process (hereinafter referred to as “CIRP”) in CP (IB) No.

302/MB/2018 under Section 10 of the Code vide order dated 19.03.2018. Mr. Vijaykumar V. Iyer was appointed as the RP of the Corporate Debtor for conducting CIRP.

1.4 The Corporate Debtor is engaged in provision of Mobile Telephony Services in terms of the license granted by Department of Telecommunications Government of India (hereinafter referred to as “DOT”). The Corporate Debtor is the holder of Telecom Licenses (Unified Access Service License/UASL) granted by the DOT for various circles across India including Assam, Bihar, Kerala, Madhya Pradesh and Odisha. However, in four circles across India, which include Haryana, Himachal Pradesh, Madhya Pradesh and Uttar Pradesh (West), the Corporate Debtor has surrendered the telecom license along with spectrum. The said spectrum held by the Corporate Debtor were in

900 MHz, 1800 MHz and 2100 MHz across various circles in India.

2. AVERMENTS OF APPLICANT

2.1 The Applicant has been entrusted with discharge of certain functions, inter alia, to ensure compliance of terms and conditions of license, regulate the telecommunication services, protect the interests of service providers and consumers of the telecom sector.

2.2 The Ld. Counsel for the Applicant submits that Regulation 5 & 9 of the Standards of Quality of Service of Basic Telephone Service (Wireline) and Cellular Mobile Telephone Service Regulations, 2009 (hereinafter referred to as “QoS Regulations”) provides for various quality of service parameters along with their benchmarks to be complied with by every cellular mobile service provider and submission of compliance report to the Applicant in respect of

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