SC keeps in abeyance effect of US court order asking Antrix to pay compensation to Devas
New Delhi: The Supreme Court Wednesday kept in abeyance the effect of a recent order by a court in the USA which had asked Antrix Corporation, the commercial arm of ISRO, to pay compensation of USD 1.2 billion to Bengaluru-based startup Devas Multimedia for canceling a satellite deal in 2005.
As per the agreement in January 2005, Antrix agreed to build, launch and operate two satellites and to make available 70 MHz of S-band spectrum to Devas, which the latter planned to use to offer hybrid satellite and terrestrial communication services throughout India.
The agreement was terminated by Antrix in February 2011. Over the next several years, Devas approached various legal avenues in India. This included the Supreme Court, which directed for a tribunal adjudication.
The matter came up for hearing before a bench headed by Chief Justice S A Bobde on Wednesday.
Solicitor General Tushar Mehta, appearing for Antrix Corporation, sought an order keeping at abeyance the effect of the US court's October 27 decision.
The apex court also allowed Mehta's submission that the pending cases between the two parties be transferred to the Delhi High Court from Bengaluru.
In the October 27 order, the US court had ruled that Antrix Corporation pay compensation of USD 562.5 million to Devas Multimedia Corporation and the related interest rate amounting to a total of USD 1.2 billion.
In its lawsuit filed in the US District Court, Western District of Washington in September 2018, Devas Multimedia said three separate international tribunals and nine different arbitrators have found the termination of the Devas-Antrix agreement to have been wrongful, with one of the tribunals describing it as conduct 'which shocks, or at least surprises, a sense of juridical propriety,' and another finding it to be a clear breach of simple good faith by India.
Antrix, in November 2018, had sought the dismissal of the lawsuit citing jurisdictional issues.
On February 25, 2011, Antrix issued a termination notice to Devas, which among other things stated that the policy decision was of the central government, acting in its sovereign capacity is the event of force majeure, which was an occurrence on February 23, 2011.
Devas disputed Antrix's repudiation of the agreement and sought to conduct discussions among senior management as contemplated by that agreement.
In June 2011, Devas commenced arbitration proceedings under the Rules of Arbitration of the International Chamber of Commerce.
Antrix initially refused to participate in the arbitration and obtained an injunction from the Supreme Court enjoining the arbitration. After one year, the Supreme Court lifted the injunction, allowing the arbitration to proceed.
Thereafter, Antrix participated fully in the arbitration.
In March this year, the apex court had asked Devas Multimedia, which had won an arbitral award of USD 672 million from an international tribunal in 2015 against Antrix Corporation, to apprise it whether it was willing to waive the interest component on the amount.
The top court was then hearing an appeal of Devas Multimedia against the Delhi High Court verdict in 2018 holding that a Bengaluru court had the jurisdiction to hear the dispute as the issue was first raised there.
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Sexual Abuse: No sign of Prajwal’s return as deadline set by him ended on Tuesday
Bengaluru (PTI): The seven days’ time sought by Hassan’s NDA Lok Sabha candidate Prajwal Revanna to appear before the Special Investigation Team probing sexual abuse allegations against him ended on Tuesday but there was no sign of his return from abroad.
The 33-year-old JD(S) MP and grandson of former prime minister H D Deve Gowda flew to Germany as soon as news spread that the Karnataka State Commission for Women Nagalakshmi Chowdhary had written to Chief Minister Siddaramaiah seeking a probe into the explicit videos of Prajwal allegedly sexually abusing several women.
A lookout notice for Prajwal has been issued at all airports in India, along with a Blue Corner notice.
A Blue Corner notice issued by Interpol helps countries collect and share information regarding a person's location and their activities as part of a criminal investigation.
Former chief minister H D Kumaraswamy claimed on Tuesday that he was not in touch with his nephew Prajwal.
Addressing a press conference, the JD(S) second-in-command said action against those who commit offences should be taken as per law.
Sources in the Special Investigation Team said they received calls on a helpline number on Monday as well as on Tuesday but they declined to share details.
However, Kumaraswamy claimed that no one had called the helpline number till now.
Meanwhile, JD(S) MLA H D Revanna and Prajwal’s father, who is in the custody of the Special Investigation Team (SIT) on charges of kidnapping a woman who was allegedly sexually abused by Prajwal, failed to get relief on Tuesday from the Special Court for Elected Representatives here.
The court adjourned the hearing on his bail plea to Wednesday.
The SIT took him to Bowring and Lady Curzon Hospital and Victoria Hospital for a medical check-up on Tuesday evening.
Revanna, son of JD(S) patriarch and former prime minister H D Deve Gowda, and his confidant Sathish Babanna were booked on Thursday night for allegedly abducting a woman on April 29.
The case was registered on a complaint filed by the woman's son. In his complaint, he accused Revanna's son and JD(S) MP Prajwal Revanna of having sexually abused his mother.
The SIT has also secured the custody of Babanna.
The woman was allegedly abducted to prevent her from testifying against Prajwal, police sources said.
