The Hush Post |6:36am |two-minute-read
Ericsson India Pvt Ltd has moved the Supreme Court seeking contempt proceedings for the second time against Chairman of Reliance Communication Ltd (RCom) Anil Dhirubhai Ambani. This is regarding non-compliance with its order to clear dues of Rs 550 crore.
Ericsson has also sought that Anil Ambani and two others be “detained in civil prison” unless they purge themselves by making the payment.
In civil prison, people are kept in jail but not with undertrials and the diet money for their maintenance is paid to the authorities by the opposite party which is in litigation.
It has also sought directions to the Ministry of Home Affairs to prevent Ambani, Reliance Telecom Ltd chairman Satish Seth and chairperson of Reliance Infratel Ltd Chhaya Virani from going abroad.
“The contemnor named above having committed and guilty of contempt of court be directed to be detained in civil prison unless the aforesaid contemnors purge themselves by making payment of Rs 550 crores along with interest thereon in terms of the order dated October 23, 2018,” the plea stated.
The apex court had on October 23 last year asked RCom to clear the dues by December 15. It had also said that the delayed payment would attract an interest of 12 per cent per annum.
“It is respectfully being brought to the notice of this court that respondents have not paid payment of Rs 550 crore as ordered and as undertaken by December 15, 2018 or even thereafter. Clearly, the respondents have committed a gross contempt of this court deserve to be punished for the same,” said the petition filed through advocate Bhargava V Desai.
As per the information, RCom has sold its assets and money received was not used to clear the dues and was “illegally pocketed.”
The plea sought direction to Ambani and the lenders forum to hand over Rs 550 crore with interest, as directed by the October 23 order, from the sale proceeds.
The apex court had on October 23 given one last opportunity to RCom for clearing the settlement amount.
It had said that Ericsson can revive its contempt plea against Reliance if the amount is not paid by December 15, 2018.
In its first contempt plea, Ericsson sought action against Ambani and others for failing to pay Rs 550 crore towards settlement to the company by September-end last year.
The company had alleged that RCom has “wilfully and consciously” defied the order dated August 3 of the top court and the undertaking given before it to pay up by September-end.
Ericsson India, which had signed a seven-year deal in 2014 to operate and manage RCom’s nationwide telecom network, had alleged that it had not been paid the dues of over 1,500 crore and challenged the debt-ridden firm before National Company Law Appellate Tribunal (NCLAT).