New Delhi:  Sistema Shyam Teleservices Ltd (SSTL) on Friday filed a curative petition in the Supreme Court seeking re-examination of its verdict cancelling its liceneces for the 2G spectrum allocated during the tenure of former Telecom Minister A Raja.

The company, which is a joint venture of Russia's telecom giant Sistema and India's Shyam Telelink, has moved the apex court after its petiton seeking review of the February 2 verdict quashing 122 2G licences was dismissed by a bench comprising justices G S Singhvi and K S Radhakrishnan.

The JV firm, promoting its business under the brand 'MTS', is seeking re-look of the decision by which its 21 licences for the 2G spectrum was cancelled. Curative petition is filed after the dismissal of review petition and is decided in the chambers of judges.

While dismissing the review petitions of SSTL and six other telecom companies, the apex court had said its Februray 2 decision did not suffer from any error apparent warranting its reconsideration.

"We have carefully perused the review petition and the record of the case and are convinced that the judgment of which review has been sought does not suffer from any error apparent warranting its reconsideration," the bench had said while giving separate orders on the review petitions filed by telecom companies.

In its curative petition settled through senior advocate Harish Salve, the SSTL contended that its legal case was different from other telecom operators whose allocation of licences were held as illegal and arbitrary.

"SSTL has consistently maintained that being a pure play CDMA operator, its legal case is significantly different compared to other mobile operators.

"For example, there is no finding or suggestion by the CAG report that CDMA spectrum was equally or anywhere near in demand as GSM back in 2008," the company said.  SSTL said the curative petition has been filed to protect the interest of more than 16 million customers, 3,500 employees, 300,000 retailers and investments of over USD 3.1 billion.
A Bench of justices G S Singhvi and A K Ganguly (since retired) had cancelled the 122 2G licences holding as unconstitutional the policy of first-come-first-served. The companies whose review petitions were dismissed on April 3 were Videocon Telecommunications Ltd, S Tel Ltd, Sistema Shyam Teleservices Ltd, Tata Teleservices Ltd, Unitech Wireless (Tamil Nadu) Pvt Ltd, Etisalat DB Telecom Pvt Ltd and Idea Cellular Ltd.

The apex court had in its February 2 verdict also imposed heavy costs of Rs five crore on Etisalat DB Telecom Pvt Ltd (Swan Telecom Ltd), Unitech Wireless Group and Tata Teleservices Ltd which were benefited by a "wholly arbitrary and unconstitutional" action of award of licenses to them and for off-loading their stakes for many thousand crores of rupees in the name of fresh infusion of equity or transfer of equity. It had also ordered Loop Telecom Pvt Ltd, S-Tel, Allianz Infratech and Sistema Shyam Tele Services Ltd, which were also beneficiary of the decision, to pay a cost of Rs 50 lakhs each.


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