The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) today reserved its order over the plea of Anil Ambani group company RInfra that is claiming Rs 1,200 crore dues from Etisalat DB for using its telecom towers and other infrastructure.
A TDSAT bench headed by Justice SB Sinha reserved its order after hearing the arguments of RInfra and Etisalat DB, a JV between UAE-based telecom major Etisalat and DB group.
During the proceedings, Standard Chartered Bank which is a secured creditor of Etisalat DB also put its arguments and opposed the claims of RInfra.
The counsel appearing for Standard Chartered Bank contended that Etisalat's matter is already taken before the Debt Recovery Tribunal (DRT). He contended that RInfra can not ask the secured creditors of Etisalat DB to sit out.
Meanwhile, TDSAT passed orders in S-Tel matter, where RInfra has approached tribunal for the similar prayer.
"We are restraining [S-Tel] from transferring its property to a third party," the tribunal had said while passing interim order.
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The TDSAT has made its 'interim' order restraining the Chennai-based operator 'absolute', till the Delhi High court passes an order. The matter is also pending before the Delhi High Court.
However, the tribunal said RInfra would not deny access to S-Tel to its tower, where its equipments are lying.
Etislat DB's counsel also supported Standard Chartered and said that a receiver has been appointed by the DRT and soon a liquidator may be appointed.
He further informed that there was a deadlock in the company. Its Indian directors have resigned, salaries are not being paid, statutory compliances are not done.
According to him, claims against Etisalat DB have been filed before Delhi and Bombay High Courts and DRT and it was not in a possession to create a third party interest by selling the assets.
Both Etisalat DB and S-Tel had entered into an agreement with the RInfra for sharing telecom infrastructure on a 10-year lease in 2009.
However, following the recent Supreme Court decision canceling the licences of S Tel and Etisalat along with other new entrants, RInfra moved the telecom tribunal for recovery of its alleged dues.
TDSAT's directions came over a batch of petitions filed by RInfra, against Etisalat DB and S Tel, claiming Rs 1,500 crore due over use of its telecom infrastructure.