TDSAT found DoT's conduct "inconsistent":Loop Telecom to court

Loop Telecom Limited (LTL), facing trial in a case arising out of the probe into the 2G spectrum scam, today told a special court that the conduct of Department of Telecommunications (DoT) in the matter was found to be "inconsistent" by the telecom appellant tribunal.
In an application filed before the court urging it to take on record the relevant part of DoT's affidavit before the Telecom Disputes Settlement and Appellate Tribunal (TDSAT), the firm contended that this document was important for adjudication of the criminal trial pending against them.
LTL told the court that the affidavit was filed by the Centre through DoT in response to a petition filed by the firm before the TDSAT seeking refund of entry fees of Rs 1,454 crore paid by it to the department in January 2008.

It said TDSAT had passed a judgement in its petition on September 16 last year, but the tribunal had declined to go into whether there was any cheating involved in the issue.
"The TDSAT has accepted in its judgement dated September 16, 2015, that the conduct of DoT was inconsistent and has in fact, given a finding that if the accused number 6 (LTL) is convicted in the criminal trial then it would be 'in-pari delicto' (equally culpable or blameworthy) with the DoT. This means it is submitted that the DoT is a primary wrong-doer," LTL said in its application filed before Special CBI Judge O P Saini.

It said, "it is for this purpose to further explain the TDSAT findings that the accused number 6 (LTL) craves leave to place before this court the pages from the affidavit (filed by DoT) attached to this application."

After senior advocate Harish Salve filed the application before the court, the judge fixed it for consideration on January 11.
LTL is facing charges of alleged conspiracy and cheating to bag the 2G spectrum licences in 2008.
Essar Group promoters Ravi Ruia and Anshuman Ruia, Loop Telecom promoters, Kiran Khaitan, her husband I P Khaitan and Essar Group Director (Strategy and Planning) Vikash Saraf are facing trial in the case along with three telecom firms--LTL, Loop Mobile India Ltd and Essar Tele Holding Ltd (ETHL).

The court is currently hearing final arguments in the
case.
ETHL had yesterday argued in the court that there was no "misrepresentation" by LTL for acquiring the radio waves.
It had argued that CBI's allegations regarding alleged violation of a clause of UASL guidelines by LTL was based on a "wrong interpretation" of the provision by the agency.
CBI had earlier alleged in the court that Essar Group was "effectively controlling" LTL which had "fraudulently and dishonestly" misrepresented facts before the DoT to acquire 2G spectrum licences.
It had claimed that the entire funding in this case was by Essar Group of companies and restructuring of firms was done to conceal the fact that this group controlled LTL.