Shally Bhasin, the lawyer for Vodafone Idea, on Monday filed a modification application in the Supreme Court on behalf of the company seeking more time to pay adjusted gross revenue (AGR) related dues. Vodafone Idea has filed the application jointly with Bharti Airtel. Bhasin, in an ineterview with CNBC-TV18 talks about what are the possible outcomes that may come from the apex court.

Last week, Supreme Court dismissed pleas of these telecom operators to review its earlier judgement asking them to pay more than Rs 1 lakh crore in AGR dues.

Q: If you can just give us an idea on whether this modification petition is going to be filed and what would it mean?

A: We are going to file an application asking them (Supreme Court) to let us negotiate with the Department of Telecom (DoT), settle payment term, and schedule payments. That is the application, we are asking for permission.

Q: How the payment would be made for which you are asking for the court’s permission?

A: At the moment, this application is not to contest anything and it is a simple application. So, (in it) we are saying that please give us some time to sit with the DoT and come to a schedule of payment.

Q: Can’t that happen without this petition?

A: This is court’s direction to pay (adjusted gross revenue dues) by January 23, therefore, we have to go back to the court. This is by ample caution, we don’t want to take anything on our own. So, we want to go back to the court and let the court decide.

Q: What does this mean in terms of payment or the deadline of January 23 if telecom companies need to cough up the funds by the date? Or you are expecting this modification payment plea will allow you extend deadline.

A: We are hoping if the apex court says that alright you go and sit with DoT and chalk out a plan then obviously the court is permitting us to go and make a plan. In this case January 23 deadline will get extended a bit depending on what plan we reach with the authority.

Q: So, when would you probably hear more constructively on this from the Supreme Court?

A: We are planning on filing an application today (Monday) itself and get it of course listed before January 23 and we are hoping for a favourable order.

Q: If you file it today, does it take a day or two at least to get the case listed?

A: It will take a day or two.

Q: This will be in the open court?

A: Yes, this will be in the open court.

Q: Have you been in touch with the DoT? Are they open to this (your proposal)?

A: I don’t know, I hope DoT doesn’t object to anything.

Q: Since you are going to ask the court whether you can sit down with the DoT and work out a payment schedule, are they inclined to working this out?

A: We are hoping the DoT is willing to sit with us and negotiate but like I said I can’t comment on it.

Q: Would you be filing a curative petition alongside this?

A: At the moment, there is no plan. I cannot say about the future, but at the moment we are only going with this application.

Q: You are doing this because the deadline is now very close by? I mean is there a curative petition in the works?

A: It was considered but right now because of the January 23 deadline, priority is this application. Whether to move the curative and all will be decided at a later date. Let us see what happens in this application. Whether we file a curative (petition) or not is a subsequent decision. Right now the important milestone is the 23rd date and what do we do about that. So, the entire focus is on this application.

Q: If the court hears it in time and they agree and work out a plan with the DoT before the 23rd ?

A: I don’t think the plan will be worked out before the 23rd, but if they permit us to sit with the DoT then obviously the court is permitting us time beyond 23rd.

Q: Is this about just the payment plan or also asking the court whether you can negotiate with the DoT in terms of what needs to be paid and whether there is a potential for a waive off in interest?

A: No, this is for payment terms so whatever are the payment terms decided between the two parties.

Q: There is no change to the total amount?

A: Amount is in a flux, because it all depends on the self-assessment figures. There is no sacrosanct figure. Each company will have their own figures and whatever is according to the parameters laid down by the Supreme Court everyone has to self-assess and, therefore, the figure is not written in stone.

Q: Generally if a modification plea is admitted in court how does the process work? Are you given a fixed deadline in terms of a timeline for negotiation from the Supreme Court?

A: It all depends on the honourable court. If the court says you negotiate within an expeditious time then that will be it. If the court leaves it open-ended then also it will be within a reasonable period of time.

Q: Is there any definition for reasonable periods of time based on past precedent?

A: No, you can’t put a figure on a number of days on it, but I mean you can’t just sit on it for a year. There has to be something maybe a month or maybe whatever the court may decide.

Q: Are you all asking for a specific timeline here for negotiation?

A: No.

Q: What happens if the court says no?

A: Then I guess we will all have to consider our options.

Q: Theoretically I just want to understand what happens after the Jaunuary 23 deadline if the court doesn’t agree to what you are asking?

A: I am for Vodafone- Idea, because it is an existential issue so they will have to take a call on that. The management will have to take a call on what they do. I can't comment on that at the moment.

First Published:Jan 20, 2020 5:17 PM IST