Re: Do you play the stock market A lengthy hearing in SC on the AGR case.
Some interesting observations:
1) Bench assembles.
Senior Advocate Harish Salve says he is appearing for @reliancejio.
"Oh, today you're appearing for Jio" remarks Justice Mishra.
I want to clarify that Jio is not involved in any IBC Proceedings.
Says he has filed an affidavit which is running into 900 pages.
"I have just received it, considering the August 15 weekend, not blaming anyone"
2) Solicitor General Tushar Mehta apprising the Court on
"Whether spectrum per se can be the subject matter of IBC or not?"
Mehta: The view of @DoT_India is that spectrum cannot be sold under resolution of IBC Code.
3) Mehta now refers to section 13 of IBC
Justice Mishra: You are essentially arguing that the spectrum is not owned by them?
SG: I have always taken this stand. People of the country are its true owners and the govt. holds it in trust. Mehta citing an unreported judgment.
4) SG for @DoT_India : Spectrum sharing different from trading, user must pay AGR dues.
5) SG: The resolution professional cannot short-circuit claims in cases where the subject matter falls outside the purview of IBC.
SG: I am trying to say that, suppose spectrum also becomes part of the IBC proceedings, the necessary corollary would be that the NCLT will direct the GOI to put forth a fresh Resolution, not the NCLAT.
Justice Mishra: You see, Section 18 is the main plank.
6) SG: We (DoT) issued a notice on March 14, 2019 to @RCommCare as to why we should not revoke your spectrum as they are not making the payments for it?
Mishra, J.: What were the dues and what was the judgment of this court, before & after. Yearly. Tell this to us by tomorrow.
Justice Mishra to @DoT_India: Give us a bifurcation of arrears of dues, year-wise.
SG says will do.
7) Justice Mishra to SG: Now what is your proposition?
SG: Our proposition has always been that spectrum can never be a subject matter of IBC Proceedings.
Justice Mishra: What is the resolution plan? where is that? We wanted to know that. Can someone tell us orally?
Senior Advocate Shyam Divan for @RCommCare: Voluminous document. I will go over the highlights.
Divan going over the Resolution Plan.
Reads out the document.
"The plan as I understand - after the Resolution Plan takes over, then the Creditors are issued certain bonds which have a zero coupon, that are redeemed after realisation-thats the Broad plan"
8) Justice Mishra: What is the amount?
Divan: INR 6500 Crore, 7490 crore - thats the range and the timeline is also indicated. Once Finally sanctioned by NCLT - then a consultant would examine the situation & put forth who can acquire it.
Justice Mishra: What is Asset worth of @RCommCare ?
35000 Crore is the worth and then another figure suggests 11000 Crore. What is the figure here?
Divan: As on 5304 crore as on date of liquidation, fair value approx. 10000 crore.
Justice Mishra: Some order of 2019 has this 35000 crore figure, where is this coming from? Where have these assets disappeared now?
Divan: The current figure based on evaluation done by Resolution Professional.
Justice Mishra: How does this depletion come about?
How is there so much of a difference?
Divan: A reconciliation of the figures - i will seek instructions on that.
Justice Mishra: Take care on that
9) Justice Mishra: We are not on priority. We are on Section 18 of the IBC.
Divan: The basis on which we have proceeded over here is that the current dues paid by DoT during moratorium, the spectrum cannot be terminated. Spectrum can be subject of Resolution plan.
SG: We differ on that.
Justice Mishra: That is not the issue. The issue is if it can be sold. The issue is if you can even touch it, Mr. Divan?
Divan: Yes, it can be subject of Plan.
Divan: We have put forth an affidavit spelling out details as per order of your lordships on August 14.
[On August 14, bench had directed the Centre, Reliance Jio and Reliance Communication's to produce necessary documents in order to bring to light who would be liable for dues]
10) Justice Mishra: Mr. Salve, are you ready today or will you apprise us tomorrow?
Salve: Will do so tomorrow My Lord.
Justice Mishra to SG: We also want a broad outline of your affidavit. We feel your affidavit is disorganised.
SG: Affidavit is from Page 1-57, rest are annexures
Justice Mishra: We want a year-wise tabulation also by tomorrow for dues. Have you given details regarding since when have they been using the spectrum?
SG: Yes, have done so.
Justice Mishra: We want date-wise, not a chart.
SG: There is a difference between sharing and trading.
Justice Mishra: We want to know one who is actually sharing and making use of the spectrum, why he should not be held responsible for sharing revenue? We want details from the Government about that.
11) SG: My lords, whatever method you suggest to allow the govt. to get its dues, DoT is fine with that. I would still request My Lords to go through this affidavit.
Bench: We will read it. We will read it overnight.
12) Justice Mishra indicates that the bench will take up the case at 2 PM tomorrow.
Salve: I have one request. I want to bring up certain issues that SG has brought to light.
"To contradict anything which the SG says, fills me with fear"
Salve for JIO & SBI: I'll reach out to the chairman of the SBI & seek out if he wants to pursue this, I realise I'm swimming against the tide but if your lordships will give me a day's time to do so, i'll be grateful.
Justice Mishra: We will not conclude tomorrow.
13) Salve says he will address the bench on the legal implications tomorrow - regarding the stand taken by SG on the spectrum-usage and payment of dues.
Bench adjourns the case for further consideration to tomorrow, 2 PM.
Looks like JIO is bidding for RCom assets through a front and hence the court is interested in finding out who is bidding for it and the current valuation. |