Telecom was already neck-deep in a crisis. The Supreme Court’s (SC) judgment on gross revenue (GR) has brought the sector to its knees. The SC’s judgment is based on: (i) the licence agreement (LA) is a contract; (ii) the definition of GR, a contractual term, is binding; (iii) the parties entered into the contract willingly; (iv) res judicata bars continued litigation of settled issues.
The Court ruled that the dispute could not be termed “bona fide”. The telcos merely raised “frivolous” objections. The payment of “interest, penalty and interest on penalty” was upheld because: (i) “it was as per the agreement”;
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