Hindustan Times (Chandigarh)

IBC may strip govt’s AGR dues, says SC

- Ishita Guha and Prathma Sharma

NEWDELHI: The Supreme Court on Thursday observed that the government may not be able to recover any of its adjusted gross revenue (Agr)-related dues from bankrupt telecom operators through the insolvency resolution process, adding pressure on the government to try harder.

A three-judge bench, headed by Justice Arun Mishra, said any successful resolution applicant for the bankrupt telcos—reliance Communicat­ions Ltd, Aircel Ltd and Videocon Telecommun­ications Ltd—can deny paying the AGR dues after spectrum is transferre­d under the Insolvency and Bankruptcy Code (IBC). The observatio­n came in response to Aircel’s submission that the right to use radio airwaves is an asset of a telecom operator undergoing insolvency proceeding­s and, thus, can be sold to a new buyer.

The court’s observatio­n implies it wants to ensure the government, classified as an operationa­l creditor under the bankruptcy code, redoubles its efforts to recover dues, legal experts said. Under IBC, operationa­l creditors do not get preference on recovery proceeds, which means DOT may get little or nothing from the insolvency resolution.

“The Supreme Court’s intention appears to analyse the interplay of IBC vis-a-vis monetisati­on of state resources in the context of AGR dues of the government. This matter has the potential to certainly set a precedent for priority of recovery of government dues under the IBC,” said Suvigya Awasthy, associate partner at PSL Advocates and Solicitors.

Aircel’s insolvency resolution process concluded in June, with UV Asset Reconstruc­tion Co. Ltd emerging as the highest bidder. Aircel owes DOT ₹12,389 crore in AGR dues.

 ?? HT ?? The court observed that any successful resolution applicant can deny paying AGR dues.
HT The court observed that any successful resolution applicant can deny paying AGR dues.

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