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2018 (3) TMI 1783 - NATIONAL COMPANY LAW TRIBUNAL, NEW DELHI, PRINCIPAL BENCHApproval of the scheme of arrangement - HELD THAT:- In the present instance, disputes have arisen between the Petitioner Companies on the one hand and DOT on the other which are pending adjudication before various courts and it is for these courts to give directions, including any interim ordeRs. However the same cannot be a factor to deny the merger of the companies with each other as contemplated under the Scheme of Amalgamation for which sanction is sought for. However, in relation to Spectrum License and the like for which the Licensor is DOT, it is for the Licensing Authority to see whether both the companies abide by the guidelines including the guidelines prescribed for merger of two companies holding licenses granted by DOT and this Tribunal cannot enter into the same it being in exclusive domain Of the Licensing Authority. In case of any denial of merger of the licenses consequent upon the sanction of the Scheme it is for the Petitioner to seek appropriate remedy available to it under law against DOT. The approval of this Tribunal is conditional upon the requisite sanction and approval in accordance with the prescribed guidelines for transfer/ merger of various categories Of Telecommunication service Licenses/ authorization under Unified License (UL) on compromise/ arrangement and amalgamation of Companies by DOT which goes without saying and both the parties (i.e) the Companies or DOT will not be prevented from exercising their rights under due process of law and remedies as may be available to them in case of any grievance before the appropriate Tribunal or forum meant for the same in relation to the acts of each other.
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