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NCLAT Aircel裁决提出挑战未来破产情况下,专家说

上诉法庭的决定,要求政府的税被清除第一尽管分类作为一个操作债权人在IBC,可能导致类似的索赔等跨领域债权人许可是一个主要的债务人的资产,使决议站不住脚,他们说。

NCLAT Aircel裁决提出挑战未来破产情况下,专家说
的国家公司法上诉法庭(NCLAT)执政的频谱使用情况可能会给未来带来挑战破产的决议,因为它创建了一个类内类债权人的破产和破产代码(IBC),专家说。

上诉法庭的决定,要求政府的税被清除第一尽管分类作为一个操作债权人在IBC,可能导致类似的索赔等跨领域债权人许可是一个主要的债务人的资产,使决议站不住脚,他们说。

“他们已经创建了一个新类别的类内操作债权人,但这是一个操作债权人的合同提供了特定的权利,覆盖了IBC,“说Charanya Lakshmikumaran, Lakshmikumaran曾经律师事务所的合伙人。

对于涉及telecoAircel和电信部,NCLAT依赖于频谱牌照的条款双方当事人之间的协议规则,政府费需要全部付清之前,任何转让许可证下IBC。

然而,操作等级低于金融债权人如银行债权人在IBC的53个部分,该规定的顺序优先债权人的会费欠每个类。

“如果这项决议计划提供最少的政府支出,这是技术上在IBC的褶皱,但这种负担状况,它们实际上调整部分53岁“Ajay Shaw说,卡恩合伙人合法。

读也

Aircel贷款人将SC上诉法庭酒吧频谱出售

Aircel & RCom转向对清算,导致60000卢比NPA印度,外国银行

专家认为这一裁决可能有更广泛的影响,不仅对破产的决议下IBC也为项目融资在矿业等其他行业,机场和药品。

“如果玩家从跨部门开始使用NCLAT为了他们的优势,它可能是一个灾难IBC因为任何许可方可以开拓自己的东西,”阿施施Bhan说,伙伴,Trilegal。

订单可能会受到债权人的挑战最高法院,这将平衡政府和银行的利益,其中大多数是公共部门银行。

达成一致的观点是,政府和公众银行处理公共资金,因此这两类债权人应该欠他们关于会费。

“应该承担的发型和表决权的比例各自类的将决定结果,“说Sajeve Deora,破产专业、添加、“在这些情况下,政府需要采取商业决定他们是否支持计划”。

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Twitter: @GauravNoronha | Email: gaurav.noronha@timesgroup.com"}],"striptease":"NCLAT Aircel ruling to pose challenges for future insolvency cases, say experts","stripteaseseo":"nclat-aircel-ruling-to-pose-challenges-for-future-insolvency-cases-say-experts","artdate":"2021-04-22 08:59:00","lastupd":"2021-04-22 08:59:00","artsyn":"The appellate tribunal\u2019s decision requiring the government\u2019s dues be cleared first despite classifying it as an operational creditor under the IBC, could lead to similar claims from such creditors across sectors where licences are a major asset of the debtor, making resolutions untenable, they said.","artexpdate":"","url_seo":"nclat-aircel-ruling-to-pose-challenges-for-future-insolvency-cases-say-experts","images":[{"msid":"82191254","msname":"NCLAT","msnameseo":"nclat","mediatype":"21","artdate":"2021-04-18 08:12:00.0","caption":""}],"embed":{"images":{"82191254":{"msid":"82191254","msname":"NCLAT","msnameseo":"nclat","mediatype":"21","artdate":"2021-04-18 08:12:00.0","caption":""}},"articles":{"82076968":{"msid":"82076968","stname":"Aircel lenders to move SC as appellate tribunal bars spectrum sale","stnameseo":"aircel-lenders-to-move-sc-as-appellate-tribunal-bars-spectrum-sale","artsyn":"Lenders were hoping to recover Rs 25,000-30,000 crore from Aircel and RCom resolution plans under the Insolvency and Bankruptcy Code (IBC) against their claims of over Rs 1,16,000 crore.","seolocation":"telecomnews\/aircel-lenders-to-move-sc-as-appellate-tribunal-bars-spectrum-sale","seolocationalt":"telecomnews\/aircel-lenders-to-move-sc-as-appellate-tribunal-bars-spectrum-sale","url_seo":"aircel-lenders-to-move-sc-as-appellate-tribunal-bars-spectrum-sale"},"82127232":{"msid":"82127232","stname":"Aircel & RCom steering towards liquidation, resulting in Rs 60,000 crore NPA for Indian, foreign banks","stnameseo":"aircel-rcom-steering-towards-liquidation-resulting-in-rs-60000-crore-npa-for-indian-foreign-banks","artsyn":"The National Company Law Appellate Tribunal (NCLAT) ruling of last week in the Aircel Vs. Department of Telecommunications (DOT) case has cast a shadow on the resolution plans of Aircel and Reliance Communication Ltd. (RCom).","seolocation":"telecomnews\/aircel-rcom-steering-towards-liquidation-resulting-in-rs-60000-cr-npa-for-indian-and-foreign-banks","seolocationalt":"telecomnews\/aircel-rcom-steering-towards-liquidation-resulting-in-rs-60000-cr-npa-for-indian-and-foreign-banks","url_seo":"aircel-rcom-steering-towards-liquidation-resulting-in-rs-60000-cr-npa-for-indian-and-foreign-banks"}},"articlemeta":{"title":"NCLAT Aircel ruling to pose challenges for future insolvency cases, say experts","url_seo":"nclat-aircel-ruling-to-pose-challenges-for-future-insolvency-cases-say-experts","msid":"82191256"}},"thumb":"82191256","thumbsize":"602927","secinfo":{"sectionid":"49830939","sectionname":"TelecomNews","seolocation":"telecomnews","seolocationalt":"telecomnews"},"filters":[],"url":"\/\/www.iser-br.com\/news\/nclat-aircel-ruling-to-pose-challenges-for-future-insolvency-cases-say-experts\/82191256","content":"
\"NCLAT<\/figure>The National Company Law Appellate Tribunal<\/a> (NCLAT<\/a>) ruling in the spectrum usage is likely to pose challenges for future insolvency resolution as it has created a class within a class of creditors under the Insolvency and Bankruptcy Code (IBC<\/a>), say experts.

The appellate tribunal\u2019s decision requiring the government\u2019s dues be cleared first despite classifying it as an operational creditor under the IBC, could lead to similar claims from such creditors across sectors where licences are a major asset of the debtor, making resolutions untenable, they said.

\u201cThey have created a new category within the class of operational creditors, but this is an operational creditor where the contract provides for a specific right that overrides the IBC,\u201d said Charanya Lakshmikumaran, partners at law firm Lakshmikumaran & Sridharan.

<\/div><\/div>In the case involving teleco Aircel<\/a> and the Department of Telecommunications<\/a>, the NCLAT relied on a clause in the spectrum licence agreement between the two parties to rule that government dues need to be paid in full prior to any transfer of the licence under the IBC.

However, operational creditors rank below financial creditors such as banks under Section 53 of the IBC, which stipulates the order of priority of dues owed to each class of creditors.

\u201cIf the resolution plan provides minimal payout to the government, it is technically within the fold of IBC, but with such a saddled condition, they are in effect rejigging Section 53,\u201d said Ajay Shaw, partner at DSK Legal.

Read also<\/h3>
<\/a><\/div>

Aircel lenders to move SC as appellate tribunal bars spectrum sale<\/h4><\/a><\/div>
<\/a><\/div>

Aircel & RCom steering towards liquidation, resulting in Rs 60,000 crore NPA for Indian, foreign banks<\/h4><\/a><\/div><\/div>
Experts felt the ruling could have a wider implications, not only for insolvency resolution under the IBC but also for project financing in other industries like mining, airports and pharmaceuticals.

\u201cIf players from across sectors start using the NCLAT order to their advantage, it could be a disaster for the IBC because any licensor could carve out something for themselves,\u201d said Ashish Bhan, partner, Trilegal.

<\/div><\/div>The order is likely to be challenged by the creditors in the Supreme Court<\/a>, which would have to balance the interest of the government and lenders, most of whom are public sector banks.

A consensus view was that both the government and public lenders deal with public money and hence both class of creditors should take a hit with regard to the dues owed to them.

\u201cBoth should bear the haircut and the percentage of voting rights of the respective class will determine the outcome,\u201d said Sajeve Deora, insolvency professional, adding, \u201cIn these situations the government too will be required to take commercial decisions as to whether they support the plan or not\u201d.
<\/div><\/div>
Follow and connect with us on Twitter<\/a>, Facebook<\/a>, Linkedin<\/a>, Youtube<\/a><\/div>","NumberOfSentences":{"minfo":"10.0","minfoseo":"10-0"},"AutomatedReadabilityIndex":{"minfo":"14.0","minfoseo":"14-0"},"LastPublishMilliTime":{"minfo":"1619062149252","minfoseo":"1619062149252"},"ReadabilityGradeLevel":{"minfo":"College","minfoseo":"college"},"GadgetsMarkedReviewed":{"minfo":"0","minfoseo":"0"},"HashCode":{"minfo":"-1273408715","minfoseo":"-1273408715"},"latestnewsflag":{"minfo":"1.0","minfoseo":"1-0"},"NumberOfCharacters":{"minfo":"2620.0","minfoseo":"2620-0"},"NumberOfWords":{"minfo":"421.0","minfoseo":"421-0"},"key":[{"keyid":"6396355","value":"nclat","smid":"0","keynameseo":"nclat","keytype":"","keycount":"totalcount","weightage":"100"},{"keyid":"34974","value":"telecom news","smid":"0","keynameseo":"telecom-news","keytype":"","keycount":"totalcount","weightage":"20"},{"keyid":"6354977","value":"Supreme Court","smid":"0","keynameseo":"Supreme-Court","keytype":"","keycount":"totalcount","weightage":"20"},{"keyid":"11137644","value":"NCLAT Aircel ruling","smid":"0","keynameseo":"NCLAT-Aircel-ruling","keytype":"","keycount":"totalcount","weightage":"20"},{"keyid":"6396354","value":"national company law appellate tribunal","smid":"0","keynameseo":"national-company-law-appellate-tribunal","keytype":"","keycount":"totalcount","weightage":"20"},{"keyid":"192838","value":"IBC","smid":"0","keynameseo":"IBC","keytype":"","keycount":"totalcount","weightage":"20"},{"keyid":"116246","value":"Department of Telecommunications","smid":"0","keynameseo":"Department-of-Telecommunications","keytype":"","keycount":"totalcount","weightage":"20"},{"keyid":"6360249","value":"aircel","smid":"0","keynameseo":"aircel","keytype":"","keycount":"totalcount","weightage":"20"}],"authorsplit":{"author":{"artau":"Gaurav Noronha","aunameseo":"gaurav-noronha","artauid":"479253017","artauemail":"noronha.gaurav@gmail.com","auselfimageid":"479253017","auimageid":"00479253017","auimagelen":"32026","auFullName":"Gaurav Noronha","pubname":"ET","designame":"Correspondent","audetailsxml":{"authordetails":"A reporter at The Economic Times. I have studied journalism at the Asian College of Journalism. Prior to this I have worked in marketing and business development at startups. When I'm not sniffing out a story, I like to take a walk with my camera. A full-time dog lover who enjoys a good game of football.
Twitter: @GauravNoronha | Email: gaurav.noronha@timesgroup.com","details":{"detail":[{"@attributes":{"type":"occupation"}},{"@attributes":{"type":"beat"}}]}},"aulinksxml":{"links":{"link":{"twitter":[],"facebook":[],"googlePlusUrl":[],"contributorUrl":[]}}},"autype":"GENERAL"}},"similarlytagged":[{"msid":"97095521","stname":"Android dominance: Issue of national importance, world looking at us, CCI tells SC","artsyn":"The bench said it agrees there cannot be two innings for anyone and that the matter will be taken up by the court on Thursday. 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Android is a popular open-source, mobile operating system installed by Original Equipment Manufacturers (OEMs) of smartphones and tablets.","seolocation":"telecomnews\/android-dominance-issue-of-national-importance-world-looking-at-us-cci-tells-sc","seolocationalt":"Android dominance: Issue of national importance, world looking at us, CCI tells SC","url_seo":"android-dominance-issue-of-national-importance-world-looking-at-us-cci-tells-sc"},"97035094":{"msid":"97035094","stname":"SC declines stay on CCI order against Google","artsyn":"Google has been claiming that it had been operating the Android mobile platform for last 15 years and these \u201cfar-reacting changes\u201d as directed by the anti-trust order will lead to \u201clasting and irreparable harm\u201d to it, device manufacturers, Indian consumers, app developers, and the wider Indian economy.","seolocation":"telecomnews\/sc-declines-stay-on-cci-order-against-google","seolocationalt":"SC declines stay on CCI order against Google","url_seo":"sc-declines-stay-on-cci-order-against-google"},"97026563":{"msid":"97026563","stname":"SC to hear on January 18 plea of Google against NCLAT order","artsyn":"The NCLAT admitted the search giant's challenge to the CCI slapping a Rs 1,337.76 crore fine for abusing the dominant position of its Android smartphone operating system in the country.","seolocation":"telecomnews\/sc-to-hear-on-january-18-plea-of-google-against-nclat-order","seolocationalt":"SC to hear on January 18 plea of Google against NCLAT order","url_seo":"sc-to-hear-on-january-18-plea-of-google-against-nclat-order"},"97007539":{"msid":"97007539","stname":"Appeal against CCI order to become fait accompli due to delayed hearing in NCLAT, Google tells SC","artsyn":"Google's plea is scheduled to be heard on Monday by the Apex Court, where it has challenged refusing an interim stay by NCLAT over the order of the Competition Commission of India (CCI) imposing a Rs 1,337-crore penalty on the global technology firm.","seolocation":"telecomnews\/appeal-against-cci-order-to-become-fait-accompli-due-to-delayed-hearing-in-nclat-google-tells-sc","seolocationalt":"Appeal against CCI order to become fait accompli due to delayed hearing in NCLAT, Google tells SC","url_seo":"appeal-against-cci-order-to-become-fait-accompli-due-to-delayed-hearing-in-nclat-google-tells-sc"},"96905980":{"msid":"96905980","stname":"NCLAT denies interim relief to Google on Rs 936 crore CCI Playstore order","artsyn":"The NCLAT agreed to hear Google on April 17 and asked the tech giant to deposit 10% of the CCI fine with the NCLAT registry within four weeks.","seolocation":"telecomnews\/nclat-denies-interim-relief-to-google-on-rs-936-crore-cci-playstore-order","seolocationalt":"NCLAT denies interim relief to Google on Rs 936 crore CCI Playstore order","url_seo":"nclat-denies-interim-relief-to-google-on-rs-936-crore-cci-playstore-order"},"96897913":{"msid":"96897913","stname":"Will have to modify contracts with 1100 device manufacturers because of CCI order, Google says in SC filing","artsyn":"In an appeal before the Supreme Court, the search engine giant said the Competition Commission of India\u2019s order asking it to make changes in the Android ecosystem would require the company to \u201cmake far-reaching changes to the Android mobile platform which has been in place for the last 14-15 years\u201d and will lead to \u201clasting and irreparable harm\u201d to Google, device manufacturers, Indian consumers, app developers, and the wider Indian economy.","seolocation":"telecomnews\/will-have-to-modify-contracts-with-1100-device-manufacturers-because-of-cci-order-google-says-in-sc-filing","seolocationalt":"Will have to modify contracts with 1100 device manufacturers because of CCI order, Google says in SC filing","url_seo":"will-have-to-modify-contracts-with-1100-device-manufacturers-because-of-cci-order-google-says-in-sc-filing"},"96896964":{"msid":"96896964","stname":"NCLAT allows Micromax and Karbonn affidavits supporting Google stance","artsyn":"The National Company Law Appellate Tribunal on Tuesday directed listing of the petitions on Thursday, when it would decide if their pleas would be admitted for hearing in the case against the Competition Commission of India (CCI) order.","seolocation":"telecomnews\/nclat-allows-micromax-and-karbonn-affidavits-supporting-google-stance","seolocationalt":"NCLAT allows Micromax and Karbonn affidavits supporting Google stance","url_seo":"nclat-allows-micromax-and-karbonn-affidavits-supporting-google-stance"},"96875507":{"msid":"96875507","stname":"CCI: Google fails to get immediate relief before NCLAT","artsyn":"Even as NCLAT directs a 10% per cent deposit by the tech giant, it is not a mandatory deposit for filing an appeal under the competition law. However, NCLAT has the power to order a conditional stay until disposal of the appeal upon payment of that sum.","seolocation":"telecomnews\/cci-google-fails-to-get-immediate-relief-before-nclat","seolocationalt":"CCI: Google fails to get immediate relief before NCLAT","url_seo":"cci-google-fails-to-get-immediate-relief-before-nclat"},"96782814":{"msid":"96782814","stname":"Google to move SC against NCLAT decision on CCI fine","artsyn":"Top lawyers working on the drafting of the special leave petition told TOI on Thursday that Google will challenge the National Company Law Appellate Tribunal\u2019s (NCLAT\u2019s) Wednesday order refusing to stay the CCI\u2019s October 20 \u201clegally untenable\u201d order slapping the penalty after a \u201ctainted investigation\u201d.","seolocation":"telecomnews\/google-to-move-sc-against-nclat-decision-on-cci-fine","seolocationalt":"Google to move SC against NCLAT decision on CCI fine","url_seo":"google-to-move-sc-against-nclat-decision-on-cci-fine"},"96778636":{"msid":"96778636","stname":"IndusOS, MapmyIndia back CCI verdict as Google alleges failure to conduct 'impartial' investigation","artsyn":"IndusOS came out in support of the CCI's verdict on Google after the search giant cast aspersions on the antitrust regulator\u2019s investigation in its petition challenging the verdict in the NCLAT.","seolocation":"telecomnews\/indusos-mapmyindia-back-cci-verdict-as-google-alleges-failure-to-conduct-impartial-investigation","seolocationalt":"IndusOS, MapmyIndia back CCI verdict as Google alleges failure to conduct 'impartial' investigation","url_seo":"indusos-mapmyindia-back-cci-verdict-as-google-alleges-failure-to-conduct-impartial-investigation"},"96705860":{"msid":"96705860","stname":"NCLAT should not grant a stay on Google's CCI appeal: Indian platforms","artsyn":"Google late last month approached the appellate tribunal to appeal the CCI decision to penalise the tech giant Rs 1,338 crore for abusing its dominant position in multiple markets in the Android mobile device ecosystem.","seolocation":"telecomnews\/nclat-should-not-grant-a-stay-on-googles-cci-appeal-indian-platforms","seolocationalt":"NCLAT should not grant a stay on Google's CCI appeal: Indian platforms","url_seo":"nclat-should-not-grant-a-stay-on-googles-cci-appeal-indian-platforms"},"96575138":{"msid":"96575138","stname":"Google receives CCI notices after failing to pay penalties","artsyn":"The action came after Google filed appeals last week against the anti-monopoly watchdog's verdict on its Android operating system for smartphones.","seolocation":"telecomnews\/google-gets-demand-notices-from-cci-for-non-payment-of-penalties","seolocationalt":"Google receives CCI notices after failing to pay penalties","url_seo":"google-gets-demand-notices-from-cci-for-non-payment-of-penalties"},"96496144":{"msid":"96496144","stname":"Google's anti-competitive activities harm Indian consumers, economy: MapMyIndia CEO","artsyn":"Google has approached the appellate tribunal NCLAT to challenge the CCI order on unfair business practices in the Android mobile device ecosystem, alleging that the decision presents a major setback for its Indian users and businesses, who trust Android's security features and potentially raises the cost of mobile devices.","seolocation":"telecomnews\/googles-anti-competitive-activities-harm-indian-consumers-economy-mapmyindia-ceo","seolocationalt":"Google's anti-competitive activities harm Indian consumers, economy: MapMyIndia CEO","url_seo":"googles-anti-competitive-activities-harm-indian-consumers-economy-mapmyindia-ceo"},"96449780":{"msid":"96449780","stname":"Google appeals CCI verdict on Android in NCLAT","artsyn":"\"We believe it (the CCI decision) presents a major setback for our Indian users and businesses who trust Android's security features, and potentially raising the cost of mobile devices,\" a Google spokesperson told ET.","seolocation":"telecomnews\/google-approaches-nclat-against-ccis-order-on-android","seolocationalt":"Google appeals CCI verdict on Android in NCLAT","url_seo":"google-approaches-nclat-against-ccis-order-on-android"},"95265598":{"msid":"95265598","stname":"Startup community files caveat in NCLAT anticipating Google's CCI challenge","artsyn":"The caveat seeks to ensure that they are a party to the case and will be called to present their views on the matter, multiple sources aware of the development told ET.","seolocation":"telecomnews\/startup-community-files-caveat-in-nclat-anticipating-googles-cci-challenge","seolocationalt":"Startup community files caveat in NCLAT anticipating Google's CCI challenge","url_seo":"startup-community-files-caveat-in-nclat-anticipating-googles-cci-challenge"},"93466239":{"msid":"93466239","stname":"WhatsApp has not abused dominant position in India, rules NCLAT","artsyn":"\"We do not find any inconformity in the findings of Competition Commission of India (CCI) and hence, the 'Appeal' deserves to be dismissed and accordingly is dismissed,\" said the NCLAT order dated August 2, 2022.","seolocation":"telecomnews\/whatsapp-has-not-abused-dominant-position-in-india-rules-nclat","seolocationalt":"WhatsApp has not abused dominant position in India, rules NCLAT","url_seo":"whatsapp-has-not-abused-dominant-position-in-india-rules-nclat"},"93418512":{"msid":"93418512","stname":"NCLAT dismisses NGO's plea, upholds anti-trust regulator's decision on WhatsApp","artsyn":"In a judgment dated August 2, the NCLAT said there was no reason for it to doubt the Competition Commission of India\u2019s (CCI\u2019s) 2017 order.","seolocation":"telecomnews\/nclat-dismisses-ngos-plea-upholds-anti-trust-regulators-decision-on-whatsapp","seolocationalt":"NCLAT dismisses NGO's plea, upholds anti-trust regulator's decision on WhatsApp","url_seo":"nclat-dismisses-ngos-plea-upholds-anti-trust-regulators-decision-on-whatsapp"},"88844711":{"msid":"88844711","stname":"NCLAT disposes of DoT petition against Videocon resolution plan","artsyn":"NCLAT had asked the creditors to initiate fresh sale of Videocon, a consumer durables company manufacturing products ranging from air-conditioners to washing machines, for recovery of their unpaid dues of Rs 64,637.6 crore.","seolocation":"telecomnews\/nclat-disposes-of-dot-petition-against-videocon-resolution-plan","seolocationalt":"NCLAT disposes of DoT petition against Videocon resolution plan","url_seo":"nclat-disposes-of-dot-petition-against-videocon-resolution-plan"},"88207559":{"msid":"88207559","stname":"DoT moves NCLAT against resolution of Videocon; claims Rs 881.92 cr due from Videocon Telecom","artsyn":"DoT has submitted before NCLAT that defaulting telecom companies cannot be permitted to wriggle out of their liability by the triggering of the Corporate Insolvency Resolution Process.","seolocation":"telecomnews\/dot-moves-nclat-against-resolution-of-videocon-claims-rs-881-92-cr-due-from-videocon-telecom","seolocationalt":"DoT moves NCLAT against resolution of Videocon; claims Rs 881.92 cr due from Videocon Telecom","url_seo":"dot-moves-nclat-against-resolution-of-videocon-claims-rs-881-92-cr-due-from-videocon-telecom"},"87238682":{"msid":"87238682","stname":"NCLAT asks NCLT to provide hearing opportunity to 2 top Videocon Telecom execs whose bank accounts were frozen","artsyn":"The National Company Law Appellate Tribunal (NCLAT) has directed the NCLT to go for \"fresh determination\" and pass a new order after providing opportunity of hearing to two former employees of Videocon Telecommunications, whose assets and bank accounts were frozen.","seolocation":"telecomnews\/nclat-asks-nclt-to-provide-hearing-opportunity-to-2-top-videocon-telecom-execs-whose-bank-accounts-were-frozen","seolocationalt":"NCLAT asks NCLT to provide hearing opportunity to 2 top Videocon Telecom execs whose bank accounts were frozen","url_seo":"nclat-asks-nclt-to-provide-hearing-opportunity-to-2-top-videocon-telecom-execs-whose-bank-accounts-were-frozen"}}}}" data-news-images="[{"msid":"82191254","msname":"NCLAT","msnameseo":"nclat","mediatype":"21","artdate":"2021-04-18 08:12:00.0","caption":""}]" data-newsletter-by="0" data-newsletter-date="a" data-hasbottomcarousel="" data-alldetailsopen="0" data-multipleanalyticshit="" data-deeplink="https://ettelecom.app.link?$deeplink_path=" data-socialshareformat="default">
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