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2020 (1) TMI 240 - SC - Indian LawsAuction - payments towards deferred spectrum instalment charges - allegation that these deferred instalment charges could not be made within the time granted - HELD THAT:- The respondent-licencees faced financial constraints; apparently telecom service providers as a class also faced some financial stress, which triggered the Union to revisit its policy and ultimately modify the terms of payment of deferred payment charges and consequently, the letter of 19.03.2018. Despite these, the respondent licensees could not fulfil the conditions of the licenses held by them (i.e. NIA 2013 and NIA 2015) vis-à-vis payment of deferred spectrum charges; they approached the TDSAT, but without success. Their appeals to this court fared better; the time for making payment was extended somewhat. Upon default (in payment of the charges), the Union invoked guarantees under the sets of licenses. This court is of the opinion that the order of the TDSAT does not call for any interference. The Union nowhere disputes that the respondent licensees’ liability toward payment of deferred spectrum charges, in May, 2018, was to the tune of ₹ 774.25 crores - there is no rationale for the Union to resist the demand for refund of excess amounts. The TDSAT, in the opinion of this court, exercised its discretion, with respect, circumspectly, because the entire amount of ₹ 134.66 crores claimed in the application was not allowed; rather the direction issued was in respect of ₹ 104.34 crores. There is no merit in the present appeal - appeal dismissed.
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