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2013 (1) TMI 125 - HC - Companies LawTransfer of Telecommunication license - Overlapping licenses - Unified Access Service License for Punjab - Scheme of Amalgamation - Spice Communication Limited with Idea Cellular Limited - DoT was informing about the proposed merger on 25.6.2008 through letter - Amalgamation was not permissible without specifically taking its prior approval - Without the knowledge of or taking consent of or notice of the proceedings to the respondent Held that:- the amalgamation of the companies would be different from the amalgamation of the licenses. Therefore, these material facts would have bearing on the sanctioning of the Scheme with certain conditions and would not have resulted into the dismissal of the competition petition seeking sanction. For this reason, we hold that non-disclosure of the aforesaid facts would not amount to fraud resulting into vitiating the very action namely order sanctioning the scheme. It is not possible to scramble the unscrambled eggs at this juncture, additionally on the aforesaid reason, we feel that there was no case made out by the DoT for recall of the orders dated 05.2.2010 sanctioning the scheme. Even as per the contention of the appellant itself, sanctioning of merger scheme amounts only the merging company and not the licenses and therefore, the appellant itself maintains that for transfer of these licenses, prior permission of DoT is required. It is also recognized that there is a dispute on this issue inasmuch as, as per the appellant, it is entitled to get the license transferred in its name and the refusal of the Government on this account is not appropriate. This is a dispute which has to be resolved by the TDSAT and parties are already before the TDSAT. Therefore, it is for the TDSAT to give directions, including interim orders in this behalf. Dispute about transfer of licenses of Spice to Idea is concerned; the same shall be decided and determined by the TDSAT and the parties. It will also be open to the TDSAT to determine the arrangement in the interregnum. Appeal partly allowed
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