Vodafone Idea Ltd. has approached the Supreme Court seeking a modification in its verdict last year that allowed telecom operators time to repay pending dues based on the new definition of adjusted gross revenue, a day after peer Bharti Airtel Ltd. approached the apex court seeking a similar change in its dues.
The Supreme Court has never had the occasion to consider the correctness of the figures and had only decided on principles to be adopted and seeking a correct assessment based on those principles does not amount to a review of the Supreme Court decision.Tarun Gulati, Senior Advocate
Advocate Sanjoy Ghose said this isn’t a unique demand, adding that the court generally deals with such requests on a case-to-case basis.
Though technically no fresh application is maintainable in a disposed of case, there are instances when even after a final judgment has been delivered,a party may approach the court seeking modification of the judgment. On the current issue,it is difficult to say how will the court approach the request. There has been a certain element of subjectivity and the courts have dealt with such requests on a case to case basis. However,it cannot be completely ruled that the companies may get some relief from the top court if they manage to convince the court of the errors they are pointing out in the calculation of the dues.Sanjoy Ghose, Advocate
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