In Brief
The Union of India appealed a TDSAT order directing refund of ₹104.34 crores to Reliance Communications and RTL. The Union had encashed bank guarantees of ₹908.91 crores against admitted deferred spectrum charges of ₹774.25 crores, retaining the excess. When the licensees furnished fresh guarantees for later installments, they sought refund of the excess. The Supreme Court upheld TDSAT's refund order, holding that once a licensing authority admits liability and the licensee secures later obligations separately, the excess amount cannot be arbitrarily retained or adjusted against subsequent unrelated defaults. The court rejected the Union's arguments about later defaults and procedural objections, finding no merit in the appeal and dismissing it.
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