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Online edition of India's National Newspaper Tuesday, April 17, 2001 |
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DoT for arbitration against Bharti over dues
By Our Special Correspondent
NEW DELHI, APRIL 16. After a long delay, the Communications
Ministry has come out in favour of commencing arbitration
proceedings against Bharti Mobile for owing over Rs. 500 crores
in dues for a cellular licence.
Even though the opinion of the Attorney General has not been
received, the Communications Ministry feels it should immediately
begin arbitration proceedings against Bharti Mobile for owing an
enormous amount for the cellular licence in Punjab.
Senior Ministry officials have opted for this course of action
after the Communications Minister, Mr. Ram Vilas Paswan,
concurred with his deputy, Mr. Tapan Sikdar, that ``the case has
been delayed considerably and we may initiate time-bound action
as soon as we received the comments of the AG.'' However, since
the AG's views have not been received so far, senior officials
have favoured proceedings against Bharti on the basis of the view
received from their in-house legal department.
The dispute relates to a demand letter sent by the Ministry to
Bharti for the Punjab cellular licence. Bharti disputed the
demand on the grounds that its objection with regard to
payability for a certain period was not considered, that the
dispute on liability is under consideration and that the dues
should be recovered from Evergrowth Telecom, the company which
earlier operated the licence.
The legal advice received by the Ministry stated that ``as on
present day, the amount is recoverable and this is sufficient
ground to invoke recovery proceedings'' and Bharti's contention
that recovery should be made from Evergrowth was ``wrong and
misconceived.'' It was felt that an award of the arbitrator is a
deemed decree and can be executed against Bharti. After
considering this opinion, the Communications Ministry has stated
that there is no option except to start arbitration proceedings
for recovery of the dues.
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