- (1.) These Miscellaneous Applications have been filed for modification of paragraph 38 (i) of the judgment dated 01.09.2020 passed in M.A. (D.) No.9887 of 2020 in C.A. Nos.6328-6399 of 2015 with connected matters and for clarification that the said judgment does not bar the Union of India from considering and rectifying the clerical/arithmetical errors in computation of AGR dues.
(2.) Though it is not necessary to refer to the historical facts in detail, it is relevant to recall the brief background in which the above applications have been filed. The definition of 'gross revenue ' as defined in Clause 19.1 of the licence agreements between the Government of India and the Telecom Service Providers (for short, 'the TSPs ') was considered in a judgment of this Court dated 24.10.2019 in Civil Appeal Nos.6328-6399 of 2015 (2020) 3 SCC 525 with connected matters. In M.A. (D) No. 9887 of 2020 in C.A. Nos. 6328-6399 of 2015, this Court passed an order on 20.07.2020 in which it was observed that an attempt was made by the TSPs to wriggle out of the judgment dated 24.10.2019 in the guise of seeking reassessment and recalculation of AGR dues. This Court was of the firm opinion that there was no scope for raising any further dispute with respect to AGR dues. It was made clear that a new round of litigation is prohibited. It was also mentioned in the order that the calculations made and the amount to be recovered as stated at page Nos. 180-181 of the aforesaid M.A. shall be treated to be final and no recalculation and self-assessment can be undertaken.
(3.) The particulars of the amounts recoverable from major TSPs as per preliminary assessment have been mentioned in the order dated 20.07.2020. On 01.09.2020, M.A. (D.) No.9887 of 2020 in C.A. Nos.6328-6399 of 2015 was disposed of (2020) 9 SCC 748 in the following terms: - "38. Resultantly, we issue following directions: (i) That for the demand raised by the Department of Telecom in respect of the AGR dues based on the judgment of this Court, there shall not be any dispute raised by any of the Telecom Operators and that there shall not be any reassessment. (ii) That, at the first instance, the respective Telecom Operators shall make the payment of 10% of the total dues as demanded by DoT by 31.3.2021. (iii) TSPs have to make payment in yearly instalments commencing from 1.4.2021 up to 31.3.2031 payable by 31 st March of every succeeding financial year. (iv) Various companies through Managing Director/Chairman or other authorised officer, to furnish an undertaking within four weeks, to make payment of arrears as per the order. (v) The existing bank guarantees that have been submitted regarding the spectrum shall be kept alive by TSPs, until the payment is made. (vi) In the event of any default in making payment of annual instalments, interest would become payable as per the agreement along with penalty and interest on penalty automatically without reference to Court. Besides, it would be punishable for contempt of Court. (vii) Let compliance of order be reported by all TSPs, and DoT every year by 7th April of each succeeding year." ;