Without giving any deadline, SSTL on Monday said that its JV partner Russia’s Sistema can start legal proceedings against India under BIPA if its investment is not protected.

“SSTL a national telecom operator continues to service more than 16 million customers, employing over 7,000 (Direct and Indirect) employees, and with investments of over USD 3.2 billion”, the company said in a statement.

The company lost 21 spectrum licences following the Supreme Court’s February 2 verdict. Sistema holds around 56.68 per cent stake in Sistema Shyam Teleservices Ltd.

“Sistema is now technically" empowered to start legal proceedings against India under BIPA”, Vsevolod Rozanov said.

He however did not give any deadline. "It is our decision, we can start today, tomorrow or after five years. There is no legal restriction now," Rozanov said.

Meanwhile SSTL in a statement on Monday that is taking all the necessary legal steps within the four corners of the Indian Judicial system to safeguard its interest. As part of the same strategy, SSTL on 4th May 2012 filed a curative petition in the Supreme Court.

“The Company has consistently maintained that being a pure play CDMA operator, its legal case is significantly different compared to the 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 is hopeful that the highest court of the land will look into the merits of SSTL’s Case and will provide company justice”, it said.

It may also be noted that, Sistema JSFC, the majority shareholder in SSTL, had invoked its right under the Bilateral Investment Treaty (BIT) between India and Russia, after the Decision of the Hon’ble Supreme Court. Communication exchanges continue between Sistema JSFC and the Republic of India. This is a part of the conciliatory process as per the provisions of the BIT.