(Arun Mishra, S. Abdul Nazeer and M.R. Shah, JJ.)
In Re Mandar Deshpande
SMC (C) No. 1/2020, decided on August 21, 2020
(For Admission) With Diary No(s). 2450/2020 (XVII) (For Modification on IA 11628/2020 For Permission to File Additional Documents/Facts/Annexures on IA 18291/2020 IA No. 11628/2020 – Modification IA No. 18291/2020 – Permission to File Additional Documents/Facts/Annexures) Diary No(s). 2458/2020 (XVII) (For Modification on IA 11657/2020 IA No. 11657/2020 – Modification) Diary No(s). 2461/2020 (XVII) (For Modification on IA 11674/2020 IA No. 11674/2020 – Modification) Diary No(s). 2476/2020 (XVII) (For Modification on IA 11730/2020 IA No. 11730/2020 – Modification) Diary No(s). 2578/2020 (XVII) (For Modification on IA 12036/2020 IA No. 12036/2020 – Modification) W.P.(C) No. 238/2020 (PIL-W) (For Ex-Parte Stay on IA 17942/2020 For Appropriate Orders/Directions on IA 38673/2020 For Clarification/Direction on IA 43664/2020 For Clarification/Direction on IA 45217/2020 IA No. 38673/2020 – Appropriate Orders/Directions IA No. 45217/2020 – Clarification/Direction IA No. 43664/2020 – Clarification/Direction IA No. 17942/2020 – Ex-Parte Stay) MA 725-796/2020 in C.A. No. 6328-6399/2015 (XVII) (For Exemption From Personal Appearance on IA 45607/2020 For Exemption From Personal Appearance on IA 45620/2020 For Exemption From Personal Appearance on IA 45629/2020 IA No. 45607/2020 – Exemption From Personal Appearance IA No. 45629/2020 – Exemption From Personal Appearance IA No. 45620/2020 – Exemption From Personal Appearance) Diary No(s). 9887/2020 (XVII) (For Modification on IA 45207/2020 IA No. 45207/2020 – Modification) MA 1464/2020 (XVII) (For Admission and IA No. 77914/2020-Exemption From Filing Affidavit and IA No. 77913/2020-Appeal Against Registrars Order XV Rule 5)
SMC (C) No. 1/2020; Diary No(s). 2450/2020 (XVII); IA 11628/2020; IA 18291/2020; Diary No(s). 2458/2020 (XVII); IA 11657/2020; Diary No(s). 2461/2020 (XVII); IA 11674/2020; Diary No(s). 2476/2020 (XVII); IA 11730/2020; Diary No(s). 2578/2020 (XVII); IA 12036/2020; W.P.(C) No. 238/2020 (PIL-W); IA 17942/2020; IA 38673/2020; IA 43664/2020; IA 45217/2020; MA 725-796/2020; C.A. No. 6328-6399/2015 (XVII); IA 45607/2020; IA 45620/2020; IA 45629/2020; Diary No(s). 9887/2020 (XVII); IA 45207/2020; MA 1464/2020 (XVII); IA No. 77914/2020; and IA No. 77913/2020
The Order of the court was delivered by
Order
1. We have heard Mr. N. K. Kaul, Mr. Harish Salve, Mr. Shyam Divan, learned senior counsel as well as Mr. Ritin Rai, learned counsel at length.
2. The DoT is required to file an affidavit, specifically by tomorrow i.e. by 22.08.2020, pointing out on the basis of sharing arrangement, how much is the liability of the sharers from the date of sharing and how much they have paid and as per our Judgment, what are the arrears, which are required to be paid on the basis of sharing arrangement by respective sharers.
3. Secondly, we also require the Secretary, DoT, to file an affidavit with respect to the date of transfer, how much are the previous dues with effect from the date of grant of licence till the date when transfer was made and the arrears worked out after transfer and before transfer (trading) and the outstanding on that count, with respect to the companies which are before us in these matters.
4. We also require the Secretary, DoT to file a specific affidavit, in a tabular form, from the date of grant of licence, who was using the licence and from which date the respective sharing has taken place with respect to each licence and the date of transfer/trading.
5. List on 24.08.2020 at 03.50 P.M.
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