“This court is a constellation of stars and you are one of them… You are the 11th lady judge in this court; in the 75 years of this country, one lady judge was appointed every seven odd years – that itself is a milestone.”
– Supreme Court Bar Association President Kapil Sibal, addressing Justice Bela Trivedi on her last working day

Vodafone Idea’s last-ditch effort to stay afloat
In what looks like a Hail Mary attempt for the telecom company, Vodafone Idea is, yet again, back before the Supreme Court and is, yet again, praying for some relief pertaining to its adjusted gross revenue dues.

The Supreme Court’s landmark ruling of 2021 had laid down a timeline for the telecom companies to pay out their AGR dues and while doing so, affirmed the immense financial burden on many of them, particularly Vodafone Idea, which is now in desperate need of relief to keep its business going.

As per reports, the company has informed the Department of Telecommunication that should the relief over its AGR dues not come, the company may not be able to function beyond 2025-26 and may have to declare itself insolvent. This, even after the government took equity in exchange for adjusting the dues bringing the Centre’s stake in the company up to 49%. 

But the situation seems dire now and with the legal options of review petition and curative petition been unsuccessfully exhausted, the company has now filed a fresh petition, a somewhat of a mercy petition, urging the court, which barred the government from granting AGR relief, to direct the Centre to now consider it.

Will this effort bear fruit for Vodafone Idea or will it be forced to take the NCLT route is something that will not only determine the future of the company but also the status, shape and health of the telecom industry. 

The Week That Was

Key Rulings 

• On Friday, the Supreme Court ruled that ISKCON Bangalore is a separate legal entity under the Karnataka Societies Registration Act and holds ownership of the renowned Hare Krishna Temple in Bengaluru.
• The Delhi High Court held that Oravel Stays, parent company of Oyo Rooms, had acted in breach of a binding contract involving Zostel Hospitality and set aside the arbitral award.

Courts

• Turkish firm Celebi moves Delhi High Court against the Indian government’s step to revoke security clearance for its staff on grounds of national security.
• An Indian court bars Bengaluru-based Fox Mandal & Associates from using the trademark FoxMandal.
• Vodafone Idea moves Supreme Court seeking fresh relief in the form of a waiver from paying interest and penalty on AGR dues in light of new developments such as the government acquisition of equity in the company.
• Top court warns Telangana government about stern action if steps are not taken to restore the large number of felled trees in Hyderabad’s Kancha Gachibowli.
• The Supreme Court expressed its disappointment over communal and irresponsible remarks made by a lawmaker from Madhya Pradesh against Colonel Sofiya Qureshi, an officer who was one of the two to head media briefings relating to Operation Sindoor. The Madhya Pradesh High Court had ordered registration of an FIR against the minister.
• President of India Draupadi Murmu has sent a reference to the Supreme Court under Article 143 of the constitution, in a rare move. The president’s reference questions the top court ruling that laid down timelines, even for the president, to act on pending bills 

Quasi Courts

• NCLT in Ahmedabad issues notice on IREDA’s insolvency petition against Gensol Engineering and lists the mater for hearing on June 3

Others

• India notifies amendment to BCI rules on foreign entry of law firms in India, lays down specific rules and regulations 

The Big Listings
May 19: Supreme Court to hear VodafoneIdea’s petition seeking waiver of interest and penalty in relation to AGR dues
May 20: Supreme Court to hear a batch of cases relating to the GST notices sent to online gaming apps
May 20: Supreme Court to hear a batch of petitions challenging the newly passed Waqf Amendment Act
May 26: Supreme Court scheduled to begin hearing case relating to Dharavi redevelopment project awarded to Adani in the week beginning May 26
May 30: NCLT’s principal bench is scheduled to hear BPSL’s former promoter’s plea for initiating liquidation in line with top court’s order
June 3: The Ahmedabad bench of the NCLT to hear IREDA’s insolvency petition against Gensol Engineering
* The dates of hearing can change and a concrete list is prepared just a day before

Legal Moves

• Justice BR Gavai took oath as 52nd Chief Justice of India
• Habib Al Mulla & Partners announces opening of a new office in New Delhi
• Former CJI D.Y. Chandrachud appointed Distinguished Professor in NLU Delhi
• Collegium recommends appointing Justice K Somashekar of Karnataka High Court as chief justice of Manipur High Court
• Sharmistha Chakrabarti elevated to Partner at Skadden
• Yavanika Shah joins Ahlawat & Associates as Director
• Abhisikta Niyogi promoted to Associate Director at Cashfree
• Sachin Kulkarni joins Arogya Legal as Senior Partner
• Vishal Gehrana elevated to Partner at Karanjawala & Co.
• Toby Landau joins Temple Chambers as an Arbitrator member