Vodafone Idea vs SC dispute: Akshaya Moondra's AGR relief remark raises eyebrows; triggers debate on top court's ruling
His statement came just days after a two-judge bench of the
Supreme Court
, comprising Justices JB Pardiwala and R. Mahadevan, on May 19 dismissed Article 32 petitions filed by Vodafone Idea, Bharti Airtel, and the Tata Group. The petitions had sought waivers on adjusted gross revenue (AGR) interest and penalties, which amount to nearly Rs 80,000 crore.
During a June 2 earnings call, Moondra said, 'As far as the government relief is concerned, I think we are engaged with the government...
What the government will do, I cannot comment on their behalf. But definitely post the judgment, we continue with our engagement with the government to find a solution to the AGR matter.'
The court termed the petitions "misconceived" and said that the AGR issue had already been settled through its 2019 judgment and subsequent review and curative petitions. 'It will be a very sad day if the highest Court of this Country starts entertaining Article 32 writ petitions on the same subject matter after the curative petitions are dismissed,' the bench observed.
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Vodafone Idea's attempt to re-engage the government after such a clear verdict triggered criticism from the legal fraternity.
Advocate
Gaurav Gupta
said the May 19 order reaffirmed that AGR dues were final. He added that any attempt by the government to now offer relief would be against the law established by the Supreme Court. 'Once an issue is decided by the highest court, the options for both the company and government are limited, as the executive cannot override the law established by the Supreme Court,' said Advocate Ashish Dixit.
Senior Advocate Mukul Rohatgi, who represented Vodafone Idea in court, had conceded during the hearing that all legal avenues, including review and curative petitions, had been exhausted. He requested the court to let the government consider the company's representation. But the bench reminded him, 'If the government wants to help you, we are not coming in the way; who is stopping them from having a look at the representation?'
However, Rohatgi admitted the government had refused to do so, citing the binding nature of the court's earlier rulings.
The Solicitor General also confirmed that the executive was unable to intervene due to the 2019 verdict and its finality.
Despite this, Moondra's remarks suggested that Vodafone Idea continued to expect some resolution from the Centre. Legal experts criticised this as potentially misleading to the public and shareholders.
Chief Justice BR Gavai recently warned against distortion of judicial remarks, noting that such misinterpretations can negatively affect public understanding of court rulings.
Advocate Mohit Paul reminded that the AGR definition issue was settled in October 2019, when the Supreme Court ruled it includes all revenue, telecom or otherwise, and confirmed the telcos must pay Rs 1.56 trillion including penalties and interest.
Since then, all legal efforts, including review and curative petitions, were dismissed. When the telcos filed a fresh round of Article 32 writ petitions in May 2025, the Supreme Court did not entertain them, stating 'everything has its own limits.'
Rohatgi's final attempt to withdraw the petition or at least insert a statement allowing petitioners to approach the government was also rejected.
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