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2019 (1) TMI 1981 - SC - Indian LawsContempt petition - order and direction not followed - bank guarantees in question whose details are already on record, have not been returned till date - HELD THAT - All parties (including Axis bank and Bharti Airtel Ltd.) to proceed on the basis that the three bank guarantees referred to in the opening paragraph of this Court s order dated 28.11.2018 and in the TDSAT order dated 16.07.2018 (particulars at page 18 of I.A. No. 180450 of 2018) stands cancelled and shall no longer be used for any purpose whatsoever. Application allowed.
Issues: Contempt of court for non-compliance with tribunal order, cancellation of bank guarantees, refund by Department of Telecommunications (DoT)
Paragraph 1: The judgment addresses the issue of contempt of court due to non-compliance with a tribunal order. The Tribunal had directed the Union of India to return three bank guarantees within a specified time frame, which was not adhered to. The Tribunal emphasized the importance of ensuring the petitioner receives the relief granted in the judgment. The Court granted permission to file a Contempt Petition and added Bharti Airtel Ltd. and Bharti Hexcom Ltd. as party Respondents. Paragraph 2: The subsequent paragraphs highlight the orders issued by the Court on different dates. On 23.07.2018, the Court stated that the order dated 16.07.2018 would be subject to the outcome of an appeal. Another order dated 28.11.2018 reiterated the cancellation of the bank guarantees and directed the Department of Telecommunications (DoT) to refund a specific sum of money. The present application was allowed, confirming the cancellation of the bank guarantees mentioned in previous orders, emphasizing that they cannot be used for any purpose. Paragraph 3: The judgment clarifies that all parties, including Axis bank and Bharti Airtel Ltd., must proceed with the understanding that the three bank guarantees referred to in the orders stand cancelled and cannot be utilized further. However, it is noted that this decision is subject to the final outcome of the appeal. The Court ensures that the order is clear and binding, pending the resolution of the appeal process.
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