Telecom insolvency resolution
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Supreme Court adjourns hearing in Aircel spectrum ownership case
MINT· 2025-11-06 10:33
Core Viewpoint - The Supreme Court has adjourned the hearing on petitions from lenders of bankrupt telecom operator Aircel Ltd, which challenges the NCLAT's ruling that spectrum can only be transferred after all government dues are settled [1][2]. Group 1: Legal Proceedings - The case involves a petition from a committee of creditors led by the State Bank of India (SBI), which could not be heard due to time constraints [2]. - The Supreme Court's notice was issued in June 2021, but the case has seen limited progress over the past four years, with arguments only beginning in September 2023 [3]. Group 2: Spectrum Monetization - Lenders argue that the right to use spectrum is a transferable commercial right and essential for maximizing recovery during the insolvency process [4]. - The Department of Telecommunications (DoT) maintains that spectrum is a national resource owned by the government, and if a telecom company defaults on dues, the spectrum must revert to the government [5]. Group 3: Financial Background of Aircel - Aircel filed for bankruptcy in February 2018, citing unsustainable debt of ₹58,670 crore [7]. - A resolution plan approved in June 2020 proposed a takeover of Aircel's assets, including spectrum, with lenders accepting an 89% haircut [7]. Group 4: Implications for the Industry - The outcome of this case will influence how spectrum is treated in future telecom insolvencies and may impact the resolution process of other companies like Reliance Communications [11].