[Cites 2, Cited by 0]
Madras High Court
Dishnet Wireless Limitedrep By Group ... vs The Union Of India on 8 January, 2026
Author: Anita Sumanth
Bench: Anita Sumanth
2026:MHC:107
WP Nos. 5308 to 5311 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-01-2026
CORAM
THE HON'BLE DR.JUSTICE ANITA SUMANTH
AND
THE HON'BLE MR.JUSTICE MUMMINENI SUDHEER KUMAR
WP Nos. 5308 to 5311 of 2013
Dishnet Wireless LimitedRep By Group General
Counsel, 5th Floor, Spencer Plaza, No.769, Anna
Salai, Chennai 2
..Petitioner(s)
Vs
1. The Union Of India, Rep By TheSecretary To
Govt., Ministry Of Communications & It, Dept.
Of Telecommunication, No.20 Ashoka Road,
Sanchar Bhawan, New Delhi 110 001
2. The Prl. Controller OfCommunications
Account, Tamilnadu Circle, Ministry Of
Communications & It, Dept. Of
Telecommunications, 238, Rk Mutt Road,
Mandavalli, Chennai 28
..Respondent(s)
Dishnet Wireless LimitedRep By Group General
Counsel, 5th Floor, Spencer Plaza, No.769, Anna
Salai, Chennai 2
..Petitioner(s)
Vs
1. The Union Of India, Rep By TheSecretary To
Govt., Ministry Of Communications & It,
Dept. Of Telecommunication, No.20 Ashoka
Road, Sanchar Bhawan, New Delhi 110 001
2. The Prl. Controller OfCommunications
Account, Tamilnadu Circle, Ministry Of
Communications & It, Dept. Of
Telecommunications, 238, Rk Mutt Road,
Mandavalli, Chennai 28
https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/01/2026 01:09:10 pm )
WP Nos. 5308 to 5311 of 2013
..Respondent(s)
Dishnet Wireless LimitedRep By Group General
Counsel, 5th Floor, Spencer Plaza, No.769, Anna
Salai, Chennai 2
..Petitioner(s)
Vs
1. The Union Of India, Rep By TheSecretary To
Govt., Ministry Of Communications & It,
Dept. Of Telecommunication, No.20 Ashoka
Road, Sanchar Bhawan, New Delhi 110 001
2. The Prl. Controller OfCommunications
Account, Tamilnadu Circle, Ministry Of
Communications & It, Dept. Of
Telecommunications, 238, Rk Mutt Road,
Mandavalli, Chennai 28
..Respondent(s)
Dishnet Wireless LimitedRep By Group General
Counsel, 5th Floor, Spencer Plaza, No.769, Anna
Salai, Chennai 2
..Petitioner(s)
Vs
1. The Union Of India, Rep By TheSecretary To
Govt., Ministry Of Communications & It,
Dept. Of Telecommunication, No.20 Ashoka
Road, Sanchar Bhawan, New Delhi 110 001
2. The Prl. Controller OfCommunications
Account, Tamilnadu Circle, Ministry Of
Communications & It, Dept. Of
Telecommunications, 238, Rk Mutt Road,
Mandavalli, Chennai 28
..Respondent(s)
PETITION filed under Article 226 of the Constitution of India praying
for the issuance of writ of Certiorari calling for the records comprised in the
Provisional Order of Assessment of License Fee in respect of the ISP License
bearing License No. 820-44/2002-LR dt 8.4.2002 for the year 2005-06 bearing
Ref. No.LF 1/ISP (IT)/DWL/2009-10/Assmt/2011-12/ dated 24.10.2011 and the
demand notices dated 17.10.2012 and 22.11.2012 as also the communications
https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/01/2026 01:09:10 pm )
WP Nos. 5308 to 5311 of 2013
dated 28.12.2012 and 4.1.2013, issued by the respondent/Department of
Telecommunications and quashing the same as wholly unreasonable, arbitrary,
illegal and unconstitutional
PETITION filed under Article 226 of the Constitution of India praying
for the issuance of writ of Certiorari calling for the records comprised in the
Provisional Order of Assessment of License Fee in respect of the ISP License
bearing License No. 820-44/2002-LR dt 8.4.2002 for the year 2008-09 bearing
Ref. No.LF 1/ISP (IT)/DWL/2009-10/Assmt/2011-12/ dated 24.10.2011 and the
demand notices dated 17.10.2012 and 22.11.2012 as also the communications
dated 28.12.2012 and 4.1.2013, issued by the respondent/Department of
Telecommunications and quashing the same as wholly unreasonable, arbitrary,
illegal and unconstitutional
PETITION filed under Article 226 of the Constitution of India praying
for the issuance of writ of Certiorari calling for the records comprised in the
Provisional Order of Assessment of License Fee in respect of the ISP License
bearing License No. 820-44/2002-LR dt 8.4.2002 for the year 2006-07 bearing
Ref. No.LF 1/ISP (IT)/DWL/2009-10/Assmt/2011-12/ dated 24.10.2011 and the
demand notices dated 17.10.2012 and 22.11.2012 as also the communications
dated 28.12.2012 and 4.1.2013, issued by the respondent/Department of
Telecommunications and quashing the same as wholly unreasonable, arbitrary,
illegal and unconstitutional
PETITION filed under Article 226 of the Constitution of India praying
for the issuance of writ of Certiorari calling for the records comprised in the
Provisional Order of Assessment of License Fee in respect of the ISP License
bearing License No. 820-44/2002-LR dt 8.4.2002 for the year 2007-08 bearing
Ref. No.LF 1/ISP (IT)/DWL/2009-10/Assmt/2011-12/ dated 24.10.2011 and the
demand notices dated 17.10.2012 and 22.11.2012 as also the communications
https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/01/2026 01:09:10 pm )
WP Nos. 5308 to 5311 of 2013
dated 28.12.2012 and 4.1.2013, issued by the respondent/Department of
Telecommunications and quashing the same as wholly unreasonable, arbitrary,
illegal and unconstitutional
In all W.Ps.
For Petitioner(s): Mr.J.Sujith Aswanth
for Mr.Vishnu Mohan
For Respondent(s): Mr..J.Vasu
Order
(Order of the Court was made by Dr.Anita Sumanth J.)
The challenge in these Writ Petitions is to demand of licence fee in terms
of definition of ‘Adjusted Gross Revenue’ under the licences. The petitioner is
before the National Company Law Tribunal (NCLT) and was subjected to
Corporate Insolvency Resolution Process. The Resolution plan was approved on
09.06.2020.
2. On 02.01.2026, the respondents were granted time to produce proof of
claim having been made before the NCLT in respect of the impugned demands.
3. Today, Mr.Vasu, learned counsel for the respondents submits that there
are no particulars available on record to indicate any claims having been made.
4. Per the judgment of the Supreme Court in Ghanashyam Mishra And
Sons Private Limited vs Edelweiss Asset Reconstruction Company Limited
((2021) 9 SCC 657, once the Resolution Plan is finalised, it is only those claims
that have been considered as part of the Resolution Plan that would be liable to
be pursued and if a creditor has not put forth a claim prior to finalisation of
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WP Nos. 5308 to 5311 of 2013
Resolution Plan, then the same would lapse.
5. Recording the aforesaid, the impugned demands are set aside and these
Writ Petitions are allowed. No costs.
(A.S.M.,J.) (M.S.K.,J.)
08-01-2026
Index: Yes/No
Speaking order
Neutral Citation: Yes
SL
To
1. The Union Of India, Rep By TheSecretary To
Govt., Ministry Of Communications & It, Dept.
Of Telecommunication, No.20 Ashoka Road,
Sanchar Bhawan, New Delhi 110 001
2. The Prl. Controller OfCommunications
Account, Tamilnadu Circle, Ministry Of
Communications & It, Dept. Of
Telecommunications, 238, Rk Mutt Road,
Mandavalli, Chennai 28
https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/01/2026 01:09:10 pm )
WP Nos. 5308 to 5311 of 2013
DR.ANITA SUMANTH J.
AND
MUMMINENI SUDHEER KUMAR J.
SL
WP Nos. 5308 to 5311of 2013
08-01-2026
https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/01/2026 01:09:10 pm )
