Airtel plans to file review petition in Supreme Court against AGR order

Bharti Airtel is planning to file a review petition in the Supreme Court in the next couple of weeks against an order that dismissed its plea to permit rectification of “arithmetical errors” in the computation of adjusted gross revenue (AGR) dues.
The Sunil Mittal-led telco is thus likely to join Vodafone Idea, which is also planning to move such a petition as they try to get their AGR dues reduced. Airtel has AGR dues worth ₹43,980 crore, of which it has paid ₹18,004 crore.

"Airtel is planning to file a review petition in the AGR case. Typically, review petitions are filed within a month of a judgment and the telco is likely to follow Vi," said a person aware of the development. The person added that if the review fails, then Airtel may file a curative petition.

Airtel did not respond to ET's queries. The latest top court order on AGR came on July 23.

This January, Airtel had moved the apex court seeking a modification, clarification or recall of “mistaken orders”, which have allowed the Department of Telecommunications (DoT) to demand a total of ₹43,980 crore as AGR dues. According to the telco’s own estimates, Airtel owes the DoT ₹13,004 crore in AGR dues. But the SC had rejected the self-estimates and confirmed the government’s calculations.

Airtel, in its January plea, had said the errors in the DoT’s calculations of the AGR dues stem from duplication in revenue addition, incorrect interest rate for calculating spectrum usage charges (SUC), payments made by the telco not factored in, amongst others.

However, its plea along with that of Vi and Tata Teleservices, was rejected by SC on July 23, dealing a body blow to Vodafone Idea’s attempts to continue to be viable, while hurting Airtel’s coffers as well.

An appeal for review is made when a person or company feels that the court has left out certain matters.

But review petitions have rarely succeeded historically.