In Brief
Loop Telecom sought refund of Rs 1,454.94 crores in entry fees paid for 2G licenses that were quashed by the Supreme Court in Centre for Public Interest Litigation v. Union of India (2012) on grounds that the "First Come First Serve" allocation policy was arbitrary and unconstitutional. The Supreme Court dismissed the appeals, holding that Loop Telecom was in pari delicto (equally complicit) with government officials in the fraud, as it benefited from the unlawful allocation mechanism. The Court rejected arguments based on contract frustration and restitution principles, finding Loop Telecom was a confederate in the illegality, not a victim, and therefore not entitled to judicial assistance.
The lawyer headnote and full judgment text are available to registered users.