Anil Ambani: Ericsson’s contempt plea against Reliance Communication adjourned

Complaint states that Anil Ambani’s recently incorporated company had no credibility or even eligibility to be an offset partner for Dassault. (Photo: Reliance ADAG)
Complaint states that Anil Ambani’s recently incorporated company had no credibility or even eligibility to be an offset partner for Dassault. (Photo: Reliance ADAG)
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The Supreme Court today adjourned the hearing in the contempt proceedings against Reliance Communications and its Chairperson Anil Ambani till Wednesday, February 13.

Ambani, who was present in Court today, will have to appear again tomorrow.

During the hearing, Ericsson, represented by Senior Counsel Dushyant Dave, alleged that there has been a series of contempt and perjury on the part of Reliance Communications and Anil Ambani.

Dave told the Bench that Reliance Communications had earlier disclosed to stock exchanges that its assets were sold for Rs. 5,000 crore. However, in the affidavit filed before the Court, the company claims to have received only Rs. 100 crore. He also said that Ericsson has filed a petition against State Bank of India seeking disclosure of the amount received from the sale of Reliance’s assets.

Reliance Communications, however, said that it had tried to complete the sale of its assets but had failed to do so.

We tried our best but could not sell spectrum,” Senior Counsel Mukul Rohatgi appearing for Reliance Communications said.

The Bench of Justices Rohinton Nariman and Vineet Saran adjourned the hearing for tomorrow, when Anil Ambani is again required to be personally present in Court.

The matter concerns a case brought by Ericsson, contending that Reliance has committed gross contempt by disobeying orders of the Supreme Court, which had directed it to pay dues to Ericsson. Reliance offered to pay Rs. 118 crore out of the 550 crore owed by it, which amount was directed to be deposited with the Supreme Court Registry last month.

In the petition filed through advocate Bhargava V Desai and settled by Dave, Ericsson has prayed that Anil Ambani, Chairperson of Reliance Communications, be detained in civil prison till the dues of Rs. 550 crores along with interest are cleared.

Reliance had filed a writ petition in Supreme Court in July 2018 praying for a direction to give effect to the settlement arrived at between the parties and for ensuring certainty of the sale process.

On August 3, the Supreme Court had ordered that the payment of Rs. 550 crore be made on or before September 30. In view of the same, the Court had permitted the sale of assets.

Subsequently, Reliance sought an extension of time for making the payment, which was allowed by the Supreme Court. On October 23, the Court said that as a “last opportunity”, it will allow Reliance to make the payment of Rs. 550 crore along with interest before December 15, 2018.

Before the expiry of the said date, Reliance once again filed an application for extension of the deadline, but the same was withdrawn on December 14 after it realized that the Court was not inclined to entertain the application.

Ericsson thereafter sought the  initiation of contempt proceedings for violation of the Supreme Court orders of August 3 and October 23.

The petition also prays for a direction to be issued to lender forums/banks to bring the amount of Rs. 550 crore received from the sale of assets and hand it over to Ericsson. Further, it seeks a direction to be issued to restrain Anil Ambani and the Chairpersons of Reliance Communications, Reliance Telecom, and Reliance Infratel from traveling abroad.

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