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Loop Telecom’s plea to place DoT affidavit on record dismissed

NEW DELHI: A special court has dismissed the plea of Loop Telecom Ltd (LTL), facing trial in a case arising out of the 2G scam probe, to place on record a certified copy of an extract of a 2014 affidavit filed by the Department of Telecommunications (DoT) before telecom appellate tribunal.

Special CBI Judge OP Saini rejected the petition saying LTL’s conduct in filing the application at this stage “itself shows that there is nothing significant in this reply (filed by DoT before the Telecom Disputes Settlement and Appellate Tribunal).”

“The (DoT’s) reply is dated April 16, 2014 and the applicant/accused (LTL) closed its evidence full five months after coming to know of this reply. If this reply contained any material averment beneficial to the applicant/accused, it was at liberty to call Paramjit Chadha, Under Secretary (ASI), who had verified this reply, as its witness, which it failed to do,” the court said.

“Even otherwise the same is filed after a long gap without any explanation for the delay,” the judge said, adding, “in the light of above discussion, I do not find that the document sought to be placed on record would help in the disposal of the instant case in any manner.”

In its plea, LTL had alleged that DoT’s conduct in the matter was found to be “inconsistent” by the Telecom Disputes Settlement and Appellate Tribunal (TDSAT).

It had said that relevant extracts of DoT’s affidavit filed before TDSAT may be taken on record as it was necessary for a just decision in the criminal case pending against it.

LTL had said 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. The company 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).

All the accused have denied allegations levelled against them.

Source: Times of India

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