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<\/span><\/figcaption><\/figure> NEW DELHI: The National Company Law Appellate Tribunal (NCLAT<\/a>) has dismissed the telecom department's plea citing delay in appeal against the NCLT order which held that the spectrum and licence of debt-ridden Aircel cannot be taken away during the insolvency<\/a> resolution period. The Department of Telecommunications<\/a> (DoT) had appealed against an order of the Mumbai bench of the National Company Law Tribunal (NCLT).

In its plea, the DoT raised the issue as whether licence\/spectrum to run a telecom company could be subject to moratorium<\/a> during the insolvency proceedings or not.

However, a three-member bench of the NCLAT held that the petition filed by the DoT was time barred under the provisions of Section 61 of the Insolvency & Bankruptcy Code, 2016.

Under the IBC<\/a>, any appeal against order passed by the NCLT could be filed before the appellate tribunal within 30 days and the delay which can be condoned for reasonable cause in the NCLAT is only 15 days.

\"This appeal was presented on February 20, 2020. Even giving the longest rope, if we calculate the period from December 20, 2019, the appeal is presented consuming 61 days. This being so, the appeal is time barred and for want of jurisdiction, we cannot entertain the appeal,\" said NCLAT.

\"The appeal is dismissed as time barred,\" it said.

The order was passed by the National Company Law Tribunal (NCLT) on November 27, 2019.

The NCLT order had come over the plea filed by the resolution professional of the company over apprehension that its license and spectrum could be suspended after DoT issued demand notice.

Though, the NCLT in its order accepted that licence and spectrum is an asset of DoT and Aircel has no right of ownership but said that clauses of moratorium are \"squarely applicable on this Corporate Insolvency Resolution Process Proceedings, hence need not be interrupted or hampered by any authority.\"

The NCLT further said that intent of IBC is prescribed to maximize the assets of the company as well as to protect the value so as to get good resolution plan for its revival.

\"... within the scope and ambit of Insolvency and Bankruptcy Code, 2016 hereby instruct the concerned DoT authority not to make any attempt to cancel the impugned license issued in favour of the debtor company,\" it said.

The NCLT had in March, 2018 admitted Aircel's insolvency plea.

Aircel and its subsidiaries Aircel Cellular<\/a> and Dishnet Wireless<\/a> together owe around Rs 50,000 crore to creditors.<\/body>","next_sibling":[{"msid":74538578,"title":"Exempt telcos with under 15% market share from floor price norms: BSNL, MTNL to Trai","entity_type":"ARTICLE","link":"\/news\/exempt-telcos-with-under-15-market-share-from-floor-price-norms-bsnl-mtnl-to-trai\/74538578","category_name":null,"category_name_seo":"telecomnews"}],"related_content":[{"msid":"74537979","title":"1","entity_type":"IMAGES","seopath":"industry\/telecom\/nclat-dismisses-dots-plea-in-aircel-licence-moratorium-matter-citing-delay-in-appeal\/1","category_name":"NCLAT dismisses DoT's plea in Aircel licence moratorium matter citing delay in appeal","synopsis":"The NCLT had in March, 2018 admitted Aircel's insolvency plea. ","thumb":"https:\/\/etimg.etb2bimg.com\/thumb\/img-size-687210\/74537979.cms?width=150&height=112","link":"\/image\/industry\/telecom\/nclat-dismisses-dots-plea-in-aircel-licence-moratorium-matter-citing-delay-in-appeal\/1\/74537979"}],"msid":74538626,"entity_type":"ARTICLE","title":"NCLAT dismisses DoT's plea in Aircel licence moratorium matter citing delay in appeal","synopsis":" The Department of Telecommunications (DoT) had appealed against an order of the Mumbai bench of the National Company Law Tribunal (NCLT). In its plea, the DoT raised the issue as whether licence\/spectrum to run a telecom company could be subject to moratorium during the insolvency proceedings or not. ","titleseo":"telecomnews\/nclat-dismisses-dots-plea-in-aircel-licence-moratorium-matter-citing-delay-in-appeal","status":"ACTIVE","authors":[],"analytics":{"comments":0,"views":120,"shares":0,"engagementtimems":456000,"url":"https:\/\/ettelecom.indiatimes.com\/telecomnews\/nclat-dismisses-dots-plea-in-aircel-licence-moratorium-matter-citing-delay-in-appeal\/articleshow\/74538626.cms"},"Alttitle":{"minfo":""},"artag":"PTI","artdate":"2020-03-08 18:51:00","lastupd":"2020-03-08 18:51:05","breadcrumbTags":["nclat","Aircel Cellular","Department of Telecommunications","moratorium","insolvency","Dishnet Wireless","Industry","IBC"],"secinfo":{"seolocation":"telecomnews\/nclat-dismisses-dots-plea-in-aircel-licence-moratorium-matter-citing-delay-in-appeal"}}" data-authors="[" "]" data-category-name="" data-category_id="" data-date="2020-03-08" data-index="article_1">

NCLAT否认点的请求Aircel暂停执照问题为由推迟上诉

电信部门(点)上诉订单国家公司法的孟买长椅上法庭(NCLT)。在其认罪,点提出了这个问题是否许可/频谱经营一家电信公司可能受到破产程序期间暂停。

  • 更新2020年3月8日14:51在06:51点坚持
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新德里:国家公司法上诉法庭(NCLAT)驳斥了电信部门的答辩理由推迟上诉NCLT秩序的频谱和执照的负债累累的Aircel不能带走破产决议。的电信部(点)上诉订单的孟买板凳国家公司法法庭(NCLT)。

在其认罪,点提出了这个问题是否执照/频谱电信公司可能受到运行暂停在破产程序。

不过,三人的板凳NCLAT认为提交的请愿书点是时候禁止第61节的规定下的破产和破产法,2016。

广告
下IBC,任何上诉NCLT通过的订单可以提起上诉法庭前30天内和合理原因的延迟可以宽恕NCLAT只有15天。

2020年2月20日“这提出了上诉。甚至给最长的绳子,如果我们计算从12月20日,2019年,上诉提出消费61天。这是如此,上诉是时候禁止的管辖权,NCLAT说:“我们不能接受上诉。

“上诉驳回了随着时间的禁止,”它说。

订单已通过国家公司法法庭(NCLT)于11月27日,2019年。

NCLT订单过来了请求提交的决议在理解方面的专业公司,其许可和频谱可以点发出需求通知后暂停。

NCLT的订单接受,执照和频谱是一种资产的点和Aircel没有权利的所有权,但表示暂停的条款“直接适用的企业破产解决过程程序,因此不需要中断或受到任何权威。”

NCLT进一步规定说,IBC的目的是最大化公司的资产以及保护值,以得到好的解决计划的复兴。

广告
“…破产和破产的范围和范围内的代码,2016年在此指导有关点权力不让任何试图取消许可证发布打击债务人公司的支持,”它说。

NCLT已经在2018年3月,承认Aircel破产请求。

Aircel及其子公司Aircel细胞和Dishnet无线欠债权人大约50000卢比。
  • 发布于2020年3月8日14:51在06:51点坚持
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  • NCLAT否认点的请求Aircel暂停执照问题为由推迟上诉
\"\"
<\/span><\/figcaption><\/figure> NEW DELHI: The National Company Law Appellate Tribunal (NCLAT<\/a>) has dismissed the telecom department's plea citing delay in appeal against the NCLT order which held that the spectrum and licence of debt-ridden Aircel cannot be taken away during the insolvency<\/a> resolution period. The Department of Telecommunications<\/a> (DoT) had appealed against an order of the Mumbai bench of the National Company Law Tribunal (NCLT).

In its plea, the DoT raised the issue as whether licence\/spectrum to run a telecom company could be subject to moratorium<\/a> during the insolvency proceedings or not.

However, a three-member bench of the NCLAT held that the petition filed by the DoT was time barred under the provisions of Section 61 of the Insolvency & Bankruptcy Code, 2016.

Under the IBC<\/a>, any appeal against order passed by the NCLT could be filed before the appellate tribunal within 30 days and the delay which can be condoned for reasonable cause in the NCLAT is only 15 days.

\"This appeal was presented on February 20, 2020. Even giving the longest rope, if we calculate the period from December 20, 2019, the appeal is presented consuming 61 days. This being so, the appeal is time barred and for want of jurisdiction, we cannot entertain the appeal,\" said NCLAT.

\"The appeal is dismissed as time barred,\" it said.

The order was passed by the National Company Law Tribunal (NCLT) on November 27, 2019.

The NCLT order had come over the plea filed by the resolution professional of the company over apprehension that its license and spectrum could be suspended after DoT issued demand notice.

Though, the NCLT in its order accepted that licence and spectrum is an asset of DoT and Aircel has no right of ownership but said that clauses of moratorium are \"squarely applicable on this Corporate Insolvency Resolution Process Proceedings, hence need not be interrupted or hampered by any authority.\"

The NCLT further said that intent of IBC is prescribed to maximize the assets of the company as well as to protect the value so as to get good resolution plan for its revival.

\"... within the scope and ambit of Insolvency and Bankruptcy Code, 2016 hereby instruct the concerned DoT authority not to make any attempt to cancel the impugned license issued in favour of the debtor company,\" it said.

The NCLT had in March, 2018 admitted Aircel's insolvency plea.

Aircel and its subsidiaries Aircel Cellular<\/a> and Dishnet Wireless<\/a> together owe around Rs 50,000 crore to creditors.<\/body>","next_sibling":[{"msid":74538578,"title":"Exempt telcos with under 15% market share from floor price norms: BSNL, MTNL to Trai","entity_type":"ARTICLE","link":"\/news\/exempt-telcos-with-under-15-market-share-from-floor-price-norms-bsnl-mtnl-to-trai\/74538578","category_name":null,"category_name_seo":"telecomnews"}],"related_content":[{"msid":"74537979","title":"1","entity_type":"IMAGES","seopath":"industry\/telecom\/nclat-dismisses-dots-plea-in-aircel-licence-moratorium-matter-citing-delay-in-appeal\/1","category_name":"NCLAT dismisses DoT's plea in Aircel licence moratorium matter citing delay in appeal","synopsis":"The NCLT had in March, 2018 admitted Aircel's insolvency plea. ","thumb":"https:\/\/etimg.etb2bimg.com\/thumb\/img-size-687210\/74537979.cms?width=150&height=112","link":"\/image\/industry\/telecom\/nclat-dismisses-dots-plea-in-aircel-licence-moratorium-matter-citing-delay-in-appeal\/1\/74537979"}],"msid":74538626,"entity_type":"ARTICLE","title":"NCLAT dismisses DoT's plea in Aircel licence moratorium matter citing delay in appeal","synopsis":" The Department of Telecommunications (DoT) had appealed against an order of the Mumbai bench of the National Company Law Tribunal (NCLT). In its plea, the DoT raised the issue as whether licence\/spectrum to run a telecom company could be subject to moratorium during the insolvency proceedings or not. ","titleseo":"telecomnews\/nclat-dismisses-dots-plea-in-aircel-licence-moratorium-matter-citing-delay-in-appeal","status":"ACTIVE","authors":[],"analytics":{"comments":0,"views":120,"shares":0,"engagementtimems":456000,"url":"https:\/\/ettelecom.indiatimes.com\/telecomnews\/nclat-dismisses-dots-plea-in-aircel-licence-moratorium-matter-citing-delay-in-appeal\/articleshow\/74538626.cms"},"Alttitle":{"minfo":""},"artag":"PTI","artdate":"2020-03-08 18:51:00","lastupd":"2020-03-08 18:51:05","breadcrumbTags":["nclat","Aircel Cellular","Department of Telecommunications","moratorium","insolvency","Dishnet Wireless","Industry","IBC"],"secinfo":{"seolocation":"telecomnews\/nclat-dismisses-dots-plea-in-aircel-licence-moratorium-matter-citing-delay-in-appeal"}}" data-news_link="//www.iser-br.com/news/nclat-dismisses-dots-plea-in-aircel-licence-moratorium-matter-citing-delay-in-appeal/74538626">