Ericsson India moves SC, seeks contempt action against Anil Ambani & others
New Delhi, Jan 4: Ericsson India Pvt Ltd Friday moved the Supreme Court seeking initiation of contempt proceedings for the second time against Chairman of Reliance Communication Ltd (RCom) Anil Dhirubhai Ambani for allegedly not complying with its order to clear dues of Rs 550 crore.
Besides seeking contempt proceedings against RCom chairman and two others, Ericsson has also sought that they be "detained in civil prison" unless they purge themselves by making the payment.
It 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 leaving the country.
"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 said.
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.
The apex court had on October 23 last year asked RCom to clear the dues by December 15 saying that 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.
The plea claimed that Ambani and two others have "abused the process of law to the hilt and caused grave damage to the interest of justice".
It alleged that 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).
The top court had perused the May 30 last year interim order of the NCLAT and noted that Ericsson India was willing to settle its debt of over Rs 1,500 crore for a sum of Rs 550 crore which was to be paid by RCom within 120 days.
It had on August 3 last year allowed RCom to sell assets covering spectrum, fibre, telecom towers and certain real estate assets for an aggregate value of approximately Rs 25,000 crore.
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Riyan Parag likely to be fined 25 percent of match fees for vaping inside dressing room
New Delhi (PTI): Rajasthan Royals captain Riyan Parag is set to be fined 25 per cent of his match fee for bringing the game into "disrepute" after being caught vaping on camera during the IPL game against Punjab Kings in Mullanpur.
Parag's actions during the Royals' chase on Tuesday night drew condemnation on social media.
PTI has learned that on field umpires Tanmay Srivastava and Nitin Menon had not reported the matter to match referee Amit Sharma right after the game. They only did that after seeing visual proof and Sharma found Parag guilty for a code of conduct breach as per the IPL guidelines.
The Level 1 offences carries 25 per cent deduction from match fees and one demerit point.
"He is set to be fined a portion of his match fees and a demerit point for a Level 1 offence," said an IPL source.
The Indian government had banned e-cigarettes back in 2019, prohibiting their production, sale and distribution. As per the law, the offender faces imprisonment up to one year and/or a Rs one lakh fine for a first time offence.
"Article 2.21 of IPL Code of Conduct is intended to cover all types of conduct that bring the game into disrepute and which is not specifically and adequately covered by the specific offences set out elsewhere in this Code of Conduct, including Article 2.20," the IPL Code of Conduct states.
"By way of example, Article 2.21 may (depending upon the seriousness and context of the breach) prohibit, without limitation, the following: (a) public acts of misconduct; (b) unruly public behaviour; and (c) inappropriate comments which are detrimental to the interests of the game.
"When assessing the seriousness of the offence, the context of the particular situation, and whether it was deliberate, reckless, negligent, avoidable and/or accidental, shall be considered.
"Further, the person lodging the Report shall determine where on the range of severity the conduct lays (with the range of severity starting at conduct of a minor nature (and hence a Level 1 Offence) up to conduct of an extremely serious nature (and hence a Level 4 Offence)."
Since it is a Level 1 offence there was no need for a hearing.
Parag, who has not had the best of times with the bat this IPL, was seen inhaling an e-cigarette, also known as vaping, in the dressing room during the live broadcast of their game against Punjab Kings. Royals won the game to end Kings' unbeaten run in the tournament.
This is not the first controversy to hit the Royals this season. Earlier this month, team manager Romi Bhinder was fined Rs one lakh for breaching PMOA protocol after being found using his phone in the dugout.
IPL and BCCI officials involved in the conduct of the IPL termed it as a careless act in the age of social media and prying TV cameras.
Royals next host Delhi Capitals at home on Friday night.
