The Supreme Court has held statutory set off or insolvency set off is not applicable to Corporate Insolvency Resolution Process (“CIRP”) proceedings under the Insolvency and Bankruptcy Code, 2016.
While clarifying that no proposal to set up any new bench of the National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT)
Telcos spectrum can t be treated as security interest by lenders: NCLAT
Telecom companies have the right to use spectrum under the licence granted to them. However, they cannot be said to be the owners in possession.
BusinessToday.In | April 14, 2021 | Updated 22:40 IST
The tribunal made it clear that spectrum cannot be treated as a security interest by the lenders .
Debt-ridden telecom companies undergoing insolvency proceedings cannot claim rights to their spectrum, a natural resource, if payments for spectrum usage have not been made to the government, the National Company Law Appellate Tribunal has said.
In what could be a landmark judgement amid multiple telecom players undergoing proceedings under the insolvency law, a three-member bench of the tribunal also made it clear that spectrum cannot be treated as a security interest by the lenders .
NCLAT says lenders cannot treat telcos spectrum as security interest under insolvency proceedings
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Last Updated: Apr 13, 2021, 10:59 PM IST
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Synopsis
NCLAT on Tuesday ruled that debt-ridden telecom companies undergoing insolvency proceedings cannot claim rights to their spectrum, which is a natural resource unless requisite spectrum usage payments have been made to the government.
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The National Company Law Appellate Tribunal (NCLAT) on Tuesday ruled that debt-ridden telecom companies undergoing insolvency proceedings cannot claim rights to their spectrum, which is a natural resource unless requisite spectrum usage payments have been made to the government. In what could be a landmark judgement amid multiple telecom players undergoing proceedings under the insolvency law, a three-member bench of the tribunal also made it clear that spectrum cannot be treated as a security interest by the lenders .
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Have you even wondered about the continuous onslaught of unwanted commercial communication (UCC) or spam messages and unwanted calls from telemarketers? If yes, then data shared by the telecom regulator shows that there are over 230,000 entities registered as telemarketers with 11 telecom companies. However, the data shared by the Telecom Regulatory Authority of India (TRAI) may be incomplete as the cumulative of Reliance Jio and Bharti Airtel itself is nearly 275,000. It may also be possible that many entities have registered themselves with different telcos. But even in that case, the TRAI record considers it as a separate entry and this should have been added in the cumulative. Also remember, TRAI sharing this information does not mean that it will either act against some of the most notorious and dubious telemarketers or make sure that all numbers registered with do-not-call (DNC) registry will be filtered out by telemarketers. TRAI will do nothing to help telecom or mobile