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The Affidavit Replied by Anil Ambani Clearly Shows His Cavalier Attitude Towards The Highest Court Of The Land: SC

Team SoOLEGAL 21 Feb 2019 3:40pm

The Affidavit Replied by Anil Ambani Clearly Shows His Cavalier Attitude Towards The Highest Court Of The Land: SC

On Wednesday, three Reliance Companies, (Reliance Communications Ltd., Reliance Telecom Ltd., and Reliance Infratel Ltd.) were held guilty of contempt of court for defaulting payments to Ericsson by the Supreme Court as per the undertaking was given to the Court.

The 2 judge bench including Justice RF Nariman and Justice Vineet Saran took statements made in the affidavit filed by RCom Chairman Anil Dhirubhai Ambani very seriously.

It was stated in this affidavit that R-com has not taken or received any advantage on account of the undertaking submitted before the Court.  The bench replied by terming this statement totally incorrect, a writ petition was filed in Supreme Court seeking quashing of the corporate insolvency resolution process on settlement of the matter with Ericsson, but it could not be achieved with such undertaking. The bench held that:

"We are of the view that any unconditional apology given that there was no intention to make any wrongful undertaking or that the undertaking was submitted bona fide must be rejected. It is clear that this reply affidavit clearly demonstrates the cavalier attitude of the deponent of this affidavit to the highest court of the land."

It was observed by the court that three Reliance Companies has not paid the sum of INR 550 crore plus interest willfully and breached the undertakings given to the Court.

Referring to the letter of the advocate of Reliance the court held that "The undertakings given on the footing that the amount of INR 550 crore would be paid only out of the sale of assets was false to the knowledge of the three Reliance Companies. This itself affects the administration of justice, and is, therefore, contempt of court. What is of greater relevance is the fact that, despite the Reliance Companies' continuous protestations to the contrary, the letter dated 21.01.2019 from the advocate for the three Reliance Companies made it clear that the entire payment would be made by 31.01.2019, albeit on fulfillment of two conditions.",

By this following order the contempt petition was finally disposed of by the court:

"Given the facts as aforesaid, we are of the view that the contempt of this Court needs to be purged by payment of the sum of INR 550 crore together with interest till date. As stated by the letter dated 21.01.2019, subject to any calculation error, an amount of INR 453 crore must be paid to Ericsson in addition to the deposit of INR 118 crore made in the Registry of this Court. The Registry of this Court is directed to pay over the sum of INR 118 crore to Ericsson within a period of one week from today. The RCom group is directed to purge the contempt of this Court by payment to Ericsson of the sum of INR 453 crore within a period of four weeks from today. In default of such payment, the Chairmen who have given undertakings to this Court will suffer three months' imprisonment. In addition to the aforesaid sum being paid, a fine amounting to INR 1 crore for each Company must also be paid to the Registry of this Court within four weeks from today. This sum will be paid over to the Supreme Court Legal Services Committee. In default of payment of such fine, the Chairmen of these Companies will suffer one month's imprisonment."



Tagged: anilambani   sc   rcom   affidavit  
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